General Billing Terms and Conditions

BILLING TERMS AND CONDITIONS

The terms and conditions stated herein are in place and replace any terms and conditions outlined in any documents issued by End-User, including, without limitation, purchase orders and specifications. Any additional, different, or conflicting terms and conditions on any such document issued by End-User at any time are hereby objected to by Provider, and any such records shall be wholly inapplicable to any sale made, or service rendered hereunder and shall not be binding in any way on Provider. No waiver or amendment to this contract or these terms and conditions shall be binding on Provider unless made in writing expressly stating that it is such a waiver or modification and signed by a duly authorized representative of Provider.

SERVICE TERM.

Unless otherwise indicated, all billed services are month-to-month with no term or contract-only 30 days written notice to cancel required. Any service canceled without 30 days’ written notice will incur one month’s charge on service rendered. The Term of this Agreement (“Term”) begins on the date that End-User purchases Services and continues monthly for the service period’s duration. At the end of each month, the Term is automatically renewed for the following month unless End-User provides Provider, before the end of the current Term, 30 days written notification of intention to terminate the service. End-User agrees to pay for Services for the Term. The term’s expiration does not alleviate End-User of responsibility for paying all unpaid, accrued charges due hereunder. End-User agrees to provide 30 days written cancellation notice before terminating service.

BILLING, CHARGES, AND PAYMENT.

Services can be paid for through Credit Card, check, or Check. A credit card can be placed on file and authorize DN to charge the End-User for all charges arising from End-User’s use of the Services. End-User agrees to notify Provider of any change to the credit card or checking information including, but not limited to, changes in account number, expiration date, or billing address. Provider shall not be responsible for any charges made by the credit card issuer or bank to End-User’s credit card or checking account for exceeding credit limit, insufficient funds, or other reasons. Any returned check or insufficient fund fee will be the End-Users responsibility, and a $25.00 charge will be added.

CREDIT TERMS.

All Services provided to End-User and covered by the Agreement shall always be subjected to credit approval or review by Provider. End-User will provide such credit information or assurance as is requested by Provider at any time. Provider, in its sole discretion and judgment, may discontinue credit at any time without notice.

INVOICING.

The Provider will send or make available to End-User a monthly invoice emailed and available online. The invoice will contain itemized charges for services and any other charges. The invoice will be sent ten days before the billing cycle to the contact email on file.  Monthly service fees are paid in advance of each month’s service; toll charges and any additional applicable charges are billed at the end of each month’s service. If you have a recurring monthly invoice, the first month’s monthly service fee is the only proration DN will perform and shall be prorated to consider any partial month that may occur due to the date monthly service fees are initiated. After that, billing for monthly services will occur in advance of the month the Services are provided. NOTE: We do not prorate monthly service for canceling service.

LATE/NON-PAYMENT/SERVICE RESTORATION.

If any charges for service are past due and unpaid for any reason (including, but not limited to, non-payment or declined End-User credit card charges) by the due date, you will be charged a late fee of $10 for each billing cycle overdue-at DN’s discretion. If you are more than 60 days past due, your service may be suspended or terminated at the discretion of DN.  DN has the right to disconnect or discontinue equipment or service without notice and send the account to a collection agency.

RESTORATION OF SERVICE.

A $50.00 restoration of the service fee will be charged and added to your next billing cycle invoice upon restoration of service due to non-payment as indicated above in number 6. Upon disconnection of service and before restoration of service despite paying for all outstanding charges, DN reserves the right to request a valid credit or debit card on file or a one-month payment of full service as a deposit in advance before restoration. Upon termination of service and if all monies due are satisfied to DN, the deposit will be returned to the Client. Deposited funds on file can be used for the final invoice for service at the discretion of DN.

End-User acknowledges and agrees that the Services are provided “as is, where is.” Credit allowances are under the sole discretion of the Provider. From time to time, the Provider may offer promotions or discounts on activation or other fees at its sole discretion. End-User must enter any promotion or discount codes upon purchase of the Services. End-User shall not be entitled to a subsequent credit for such promotions or discounts if not requested at the time of account creation or change of service.

BILLING DISPUTES.

End-User must dispute any charges for the Services within thirty (30) days of receipt of the monthly online invoice, or End-User waives any objection. Invoices are sent to the email on file as provided by the Client during service activation of service.

CLIENT CONTACT INFORMATION ON FILE

The Client’s responsibility is to ensure that DN has the correct email and contact information on file and every invoice for services is paid by the due date. DN’s responsibility is not to ensure this information is accurate if a change occurs without any knowledge. An invoice is generated as indicated above and delivered to the email address on file every month. If the invoice is not provided or delayed for any reason, the invoice will still be due upon the due date. If service is recurring and invoice is not given, the Client’s sole responsibility is to ensure payment for services are provided despite receipt of invoice. DN can be reached anytime at billing@dncorp.com

TERMINATION.

End-User agrees to provide Provider with thirty (30) days’ notice of termination. End-User shall be responsible for the full monthly service fee for the month during which the information of termination of service is provided to Provider. Provider reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End-User’s breach of this Agreement, End-User’s failure to pay any sum due hereunder, suspected fraud or other activity by End-User that adversely affects the Services, Provider, Provider’s network or other End-Users’ use of the Services. Provider reserves the right to determine, at its sole discretion, what constitutes a misuse of the Services and End-User agrees that Provider’s determination is final and binding on End-User. The provider may require an activation fee to change or resume a terminated or suspended account.

BREACH.

In the event of End-User’s breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End-User shall reimburse Provider for all attorney, court, collection, and other costs incurred by Provider in the enforcement of Provider’s rights hereunder and Provider may keep any deposits or other payments made by End-User

INDEMNIFICATION.

End-User agrees to defend, indemnify, and hold Provider, its affiliates, and its vendors harmless from any claims or damages relating to this Agreement.

DISCLAIMER OF CONSEQUENTIAL DAMAGES.

In no event shall Provider or its vendors be liable for any special, incidental, indirect, punitive or consequential damages or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use services or products provided hereunder whether due to a breach of contract, breach of warranty, the negligence of Provider or its vendors or otherwise.

WARRANTY AND LIABILITY LIMITATIONS.

The provider makes no warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. Neither Provider nor its vendors will be liable for unauthorized access to Provider’s or End-User’s transmission facilities or premise equipment or unauthorized access to or alteration, theft or destruction of End-User’s data files, programs, procedures or information through accident, fraudulent means, or devices, or any other method, regardless of whether such damage occurs as a result of Provider’s or its vendors’ negligence. Any claim against Provider must be made within 90 days of the event of the claim, and Provider has no liability thereafter. Provider’s liability is limited to repair, replacement, credit or refund. The provider may elect to provide a refund in lieu of credit, replacement, or repair. All warranties cover only defects arising under regular use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation, or repairs by anyone other than Provider. In no event shall Provider’s total liability hereunder exceed the amounts paid by the End-User to Provider in the prior twelve (12) months from the claim date.

FORCE MAJEURE (EVENTS BEYOND OUR CONTROL).

Provider shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers, or other difficulties of Provider that may occur despite Provider’s best efforts.

GOVERNING LAW / RESOLUTION OF DISPUTES.

Mandatory Arbitration. Any dispute or claim between End-User and Provider arising out of or relating to the Service or Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator’s decision shall follow the relevant documents’ plain meaning and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to (i) award relief more than what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually, and the Customer will not bring or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

GOVERNING LAW

The Agreement and the relationship between you and Provider shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. End-User and Provider agree to submit to the exclusive jurisdiction of the courts located within the state of Utah for purposes of entering any arbitration award hereunder or for any other litigation hereunder. The failure of Provider to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End-User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

INTERPRETATION OF AGREEMENT.

No provision above will be interpreted in favor of End-User or against Provider by reason of the fact that Provider has drafted the provisions.

VoIP Service Terms and Conditions

Telephone (VoIP) Phone and Equipment Service  – TERMS AND CONDITIONS OF SERVICE

This Agreement (“Agreement”) is between DN Corp. dba Dan’s Networks LLC. (“Provider”, or “DN”) and the End-User (“End-User”) of the VOIP Digital Phone service. Any Provider services or products (“Services”) made available to End-User shall be governed by the terms and conditions herein. By activating the Services, End-User acknowledges receiving, reading, and understanding this Agreement and accepts the terms and conditions herein. End-User acknowledges that they are of legal age (18 years or older) to enter this Agreement.

TERMS AND CONDITIONS.

The terms and conditions stated herein are in place and replace any terms and conditions outlined in any documents issued by End-User, including, without limitation, purchase orders and specifications. Any additional, different, or conflicting terms and conditions on any such document issued by End-User at any time are hereby objected to by Provider, and any such records shall be wholly inapplicable to any sale made, or service rendered hereunder and shall not be binding in any way on Provider. No waiver or amendment to this contract or these terms and conditions shall be binding on Provider, unless made in writing expressly stating that it is such a waiver or modification and signed by a duly authorized representative of Provider.

SERVICE TERM.

Unless otherwise indicated, the service is month-to-month with no term or contract. The Term of this Agreement (“Term”) begins on the date that End-User purchases Services and continues monthly for the service period’s duration. At the end of each month, the Term is automatically renewed for the following month unless End-User provides Provider, before the end of the current Term, notification of intention to terminate the service. End-User agrees to pay for Services for the Term. The term’s expiration does not alleviate End-User of responsibility for paying all unpaid, accrued charges due hereunder. End-User agrees to provide 30 days cancellation notice before terminating service.

BILLING, CHARGES, AND PAYMENT.

Upon purchasing the service and delivery of the Equipment, End-User can provide a valid form of payment (Credit Card, check, or Checking Account routing number) and authorize the Provider to charge the End-User for all charges arising from End-User’s use of the Services. End-User agrees to notify Provider of any change to the credit card or checking information including, but not limited to, changes in account number, expiration date, or billing address. Provider shall not be responsible for any charges made by the credit card issuer or bank to End-User’s credit card or checking account for exceeding credit limit, insufficient funds, or other reasons. Any returned check or insufficient fund fee will be the End-Users responsibility, and a $25.00 charge will be added.

CREDIT TERMS.

All Services provided to End-User and covered by the Agreement shall always be subjected to credit approval or review by Provider. End-User will provide such credit information or assurance as is requested by Provider at any time. Provider, in its sole discretion and judgment, may discontinue credit at any time without notice.

INVOICING.

The Provider will send or make available to End-User a monthly invoice emailed and available on-line. The invoice will contain charges for package monthly standard services and any other charges indicated in this document. Monthly invoices may include costs such as activation fees, monthly service fees, shipping charges, disconnection fees, equipment charges, toll charges, taxes, and other applicable charges. The invoice will be sent ten days before the billing cycle to the contact email on file.  Monthly service fees are paid in advance of each month’s service; toll charges and any additional applicable charges are billed at the end of each month’s service. Provider reserves the right to charge the End-User for toll charges at any time if End-User’s cumulative toll charges for the current month exceed one hundred dollars ($100.00). Billing for monthly service fees commences upon purchase of the Services. The first month’s monthly service fee is the only proration DN will perform and shall be prorated to consider any partial month that may occur due to the date monthly service fees are initiated. After that, billing for monthly phone services will occur in advance of the month the Services are provided, whereas billing for any toll or long-distance charges will appear on the next billing cycle invoice. We do not prorate monthly service.

LATE/NON-PAYMENT/SERVICE RESTORATION.

If any charges for telephone service or any related VoIP service are past due and unpaid for any reason (including, but not limited to, non-payment or declined End-User credit card charges) by the due date, you will be charged a late fee of $10 for each billing cycle overdue. If you are more than 60 days past due, your service will be suspended or terminated at the discretion of DN.  The Provider has the right to disconnect any VoIP-related OR Telephone equipment service without notice and send them to a collection agency.

RESTORATION OF SERVICE.

A $50.00 restoration of the service fee will be charged and added to your next billing cycle invoice upon restoration of service due to non-payment as indicated above in number 6. Upon disconnection of service and before restoration of service despite paying for all outstanding charges, DN reserves the right to request a valid credit or debit card on file or a one-month payment of full service as a deposit in advance before restoration. Upon termination of service and if all monies due are satisfied to DN, the deposit will be returned to the Client. Deposited funds on file can be used for the final invoice for service at the discretion of DN.

The monthly invoice includes all costs for the services, including any applicable customs duties, sales, use, value-added, excise, federal, state, local, public utility, long-distance/international charges, or other similar costs and taxes.

End-User acknowledges and agrees that the Services are provided “as is, where is.” Credit allowances are under the sole discretion of the Provider. From time to time, the Provider may offer promotions or discounts on activation or other fees at its sole discretion. End-User must enter any promotion or discount codes upon purchase of the Services. End-User shall not be entitled to a subsequent credit for such promotions or discounts if not requested at the time of account creation or change of service.

BILLING DISPUTES.

End-User must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice, or End-User waives any objection. Invoices are sent to the email on file as provided by the Client during service activation of service.

CLIENT CONTACT INFORMATION ON FILE

The Client’s responsibility is to ensure that DN has the correct email and contact information on file and every invoice for services is paid by the due date.  It is not DN’s responsibility to ensure this information is correct if a change occurs without any knowledge. Every month an invoice is generated as indicated above and delivered to the email address on file.

911 EMERGENCY DIALING.

DN’s 911 Dialing will be implemented and operational with the service. Service may not be used in any geographical area different from that reported to DN Corp. as the Customer’s installation site. With E911 service, when you dial 911, your telephone number and registered address are simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. Using this service, you authorize us to disclose your name and address to third-parties involved with providing 911 Dialing to you, including, without limitation, call routers, call centers, and local emergency centers. This website provided by the FCC explains how VoIP works with the 911 system in greater detail. Registration of Physical Location Required. For each phone number that you use for the service, you must register with DN Corp. the physical location where you will be using the service with that phone number. When you move the Device to another site, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your old address. Emergency personnel may be dispatched to the incorrect location. Always use your VoIP service only at the physical address that we have registered for you with e911. End-User acknowledges that the Services will not function in the absence of electrical power, access to the Internet, or other general failures associated with the VOIP network. End-User acknowledges that the Services will not function if there is an interruption of End-User’s broadband or high-speed Internet access service.

BATTERY/GENERATOR POWER BACKUP.

To comply with this FCC order, Residential End-Users acknowledges that battery backup is recommended with VoIP service and DN Corp.

NON-VOICE SYSTEMS

End-User acknowledges that the Services are not set up to function without-dialing systems, including home security systems, medical monitoring equipment, satellite television systems, and some facsimile systems. By consenting to these terms and conditions, End-User waives any claim against Provider for interruption or disruption of such systems by the Services.

EQUIPMENT.

In offering the Services, the Provider may supply Equipment to End-User. The Provider shall maintain ownership of all provided equipment. End-User shall be required to obtain authorization from Provider to return any Equipment. The Provider will replace equipment only if the equipment is deemed to be defective and covered under warranty. The Provider will not cover replacement for lost, stolen, mistreated, or modified equipment. Equipment returned by End-User that is not covered under warranty may be refused by Provider, and End-User will be responsible for paying return shipping charges. A fee equal to the value will be charged to any End-User who damages equipment or does not return the equipment in good working order upon account termination.

TOLLS.

If applicable, every call to or from equipment using the Services that originates or terminates in the Public Switched Telephone Network (“PSTN”) is subject to the then-applicable toll charges associated with the respective plan ordered by End-User. Every call to or from voice equipment using the Services that originates or terminates with a SIP service provider that is not affiliated or associated with Provider will also count as PSTN minutes. This is subject to the then-applicable toll charges that are associated with the respective plan ordered by End-User. As applicable, domestic long-distance calls are billed in six (6) second increments. As applicable, calls to a phone number outside the United States and Canada to a non-Provider account will be charged at the current rates published on the Provider-related website. The duration of each call from the US to the international destination is to be calculated in six (6) second increments after a thirty (30) second minimum. As applicable, calls to Mexico are rounded to the minute.

TELEPHONE NUMBER.

Telephone numbers provided by the Provider (“Number”) to the End-User are leased and not sold. End-User is not to use the number with any other device other than the Equipment without Provider’s express written permission. Provider reserves the right to change, cancel or move the number at its sole discretion. If, however, the End-User chooses to ‘port’ their existing phone number into the Provider VoIP service, the End-User shall also be able to ‘port’ the number out of the Provider network upon the termination of service if the End-User has maintained an account in good standing with Provider.

LOST, STOLEN, ALTERED OR BROKEN.

End-User shall not modify the equipment in any way without the express written permission of Provider. End-User shall not use the equipment except with the Services provided hereunder. Except as otherwise provided for hereunder, End-User is responsible for all lost, stolen, or broken equipment and may be required to purchase a replacement to continue service. Replacement charges will be based on the equipment’s fair retail price, plus applicable shipping costs and taxes. End-User shall immediately notify Partner of any lost or stolen Equipment and shall cooperate with Provider in all reasonable aspects to eliminate actual or potential unauthorized use of the equipment. At Provider’s sole option, failure to report lost or stolen equipment promptly will cause End-User to be responsible for all service fees accrued until the Provider is informed of the loss or theft and can effect a termination of the Services.

PROHIBITED USES.

Any use of the Services or any other action that disrupts Provider’s network integrity or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the Services. End-User understands that neither Provider nor its vendors are responsible for the content of the transmissions that may pass through the Internet and the services. End-User agrees that it will NOT use the Services in ways that violate laws, infringe others’ rights, or interfere with the network’s users, services, or equipment. End-User agrees and represents that it is purchasing the Services and the equipment for its internal use only and shall not resell, transfer or make a charge for the Services or the Equipment without the advance express written permission from the Provider. Use of Service shall not include certain activities including, but not limited to, any auto-dialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing or any other activity that would be inconsistent with residential or small business usage, unless specifically agreed to otherwise in writing by Provider and End-User.

UNLIMITED MINUTE USAGE PLANS; CHANGES TO THE AGREEMENT, SERVICES, OR PLAN.  “Unlimited” usage includes local and long-distance calls to the U.S. (Hawaii and Alaska included) and Canada. Unlimited usage comprises up to 5000 minutes. Overage is billed at $0.05 per minute. Studies show that the average Customer uses about 1000 minutes per month. Provider reserves the right to review usage of unlimited minute usage plans to ensure no End-User abuse of such plans. End-User agrees to use unlimited minute plans for regular voice calls and will not employ methods or devices to use unlimited plans by using service excessively or for means not intended by Provider. The Provider may terminate service immediately if, at its sole discretion, End-User is abusively using the unlimited minute plan.

TERMINATION.

End-User agrees to provide Provider with thirty (30) days’ notice of termination. End-User shall be responsible for the full monthly service fee for the month during which the information of termination of service is provided to Provider. Provider reserves the right, at its sole discretion, to suspend, terminate or change the Services without advanced notice for any reason, including without limitation, misuse of the Services in any way, End-User’s breach of this Agreement, End-User’s failure to pay any sum due hereunder, suspected fraud or other activity by End-User that adversely affects the Services, Provider, Provider’s network or other End-Users’ use of the Services. Provider reserves the right to determine, at its sole discretion, what constitutes a misuse of the Services and End-User agrees that Provider’s determination is final and binding on End-User. The provider may require an activation fee to change or resume a terminated or suspended account.

PRIVACY.

Provider utilizes the public Internet and third-party networks to provide voice and video communication services. Accordingly, the Provider cannot guarantee the security of voice and video communications of End-User. The provider is committed to respecting End-User’s privacy. Once End-User chooses to provide personally identifiable information, it will only be used in the context of the End-User’s relationship with Provider. The provider will not sell, rent, or lease End-Users’ personally identifiable information to others. Unless required by law or subpoena or End-User’s prior permission is obtained, Provider will only share the personal data of End-User with business partners acting on Provider’s behalf to complete the activities described herein. Provider’s privacy policies govern such Provider entities and national or international business partners with respect to the use of this data. Upon the appropriate request of a government agency, law enforcement agency, court, or otherwise required by law, Provider may disclose personally identifiable information.

TECHNICAL SUPPORT.

The provider will make available technical support to End-Users via telephone and email for the Services and the equipment provided. Support for other applications and uses is not provided or implied unless agreed to in Provider and End-User’s writing. Charges for support may be incurred and is at the sole discretion of the Provider. Charges for support generally will be incurred to modify call flow, customizations of service, and Client Premise Equipment or Infrastructure issues.

BREACH.

In the event of End-User’s breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End-User shall reimburse Provider for all attorney, court, collection and other costs incurred by Provider in the enforcement of Provider’s rights hereunder and Provider may keep any deposits or other payments made by End-User

INDEMNIFICATION.

End-User agrees to defend, indemnify, and hold Provider, its affiliates, and its vendors harmless from any claims or damages relating to this Agreement.

DISCLAIMER OF CONSEQUENTIAL DAMAGES.

In no event shall Provider or its vendors be liable for any special, incidental, indirect, punitive or consequential damages or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use services or products provided hereunder whether due to a breach of contract, breach of warranty, the negligence of Provider or its vendors or otherwise.

WARRANTY AND LIABILITY LIMITATIONS.

The provider makes no warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. Neither Provider nor its vendors will be liable for unauthorized access to Provider’s or End-User’s transmission facilities or premise equipment or unauthorized access to or alteration, theft or destruction of End-User’s data files, programs, procedures or information through accident, fraudulent means, or devices, or any other method, regardless of whether such damage occurs as a result of Provider’s or its vendors’ negligence. Any claim against Provider must be made within 90 days of the event of the claim, and Provider has no liability thereafter. Provider’s liability is limited to repair, replacement, credit or refund. The provider may elect to provide a refund in lieu of credit, replacement, or repair. All warranties cover only defects arising under regular use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, modification, improper installation, or repairs by anyone other than Provider. In no event shall Provider’s total liability hereunder exceed the amounts paid by the End-User to Provider in the prior twelve (12) months from the claim date.

EXPORT COMPLIANCE.

End-User agrees to comply with U. S. Export laws concerning the transmission of technical data and other regulated materials via the Services. End-User agrees to comply with applicable local, state, and federal regulations governing the locality in which the Equipment and Services are used.

PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE.

Upon expiration, cancellation, or termination of the Services, End-User shall relinquish and discontinue use of any Numbers, voice mail access numbers, and web portals assigned to End-User by Provider or its vendors.

SOFTWARE COPYRIGHT.

Any software used by Provider connected with the Services and any software provided to End-User in conjunction with delivering the Services are protected by copyright law and international treaty provisions. End-User may not copy the software or any portion of it.

NOTICES.

The provider communicates with its End-Users primarily via email. Notices to End-User shall be sent to the email address specified by End-User at the time of registration for the Services or as subsequently specified by End-User (“Email Address”). End-User is responsible for notifying Provider of any Email Address changes. End-User agrees that sending a message to the Email Address is the agreed-upon means of providing notification. Email is used to communicate important information about the Services, billing, changes to the Services, and other information. The data is time-sensitive. It is required that End-User read any email sent to the Email Address promptly to avoid any potential interruption in the Services provided hereunder.

FORCE MAJEURE (EVENTS BEYOND OUR CONTROL).

Provider shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers, or other difficulties of Provider that may occur despite Provider’s best efforts.

GOVERNING LAW / RESOLUTION OF DISPUTES.

Mandatory Arbitration. Any dispute or claim between End-User and Provider arising out of or relating to the Service or Equipment provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitrator’s decision shall follow the relevant documents’ plain meaning and shall be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to (i) award relief more than what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All claims shall be arbitrated individually, and Customer will not bring or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. The customer acknowledges that this arbitration provision constitutes a waiver of any right to a jury trial.

GOVERNING LAW

The Agreement and the relationship between you and Provider shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. End-User and Provider agree to submit to the exclusive jurisdiction of the courts located within the state of Utah for purposes of entering any arbitration award hereunder or for any other litigation hereunder. The failure of Provider to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. End-User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ENTIRE AGREEMENT.

The terms and conditions of this Agreement constitute the entire agreement concerning this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to the Services. This Agreement shall be binding upon the heirs, successors, and assigns of Provider and End-User.

INTERPRETATION OF AGREEMENT.

No provision of this Agreement will be interpreted in favor of End-User or against Provider by reason of the fact that Provider has drafted this Agreement.

UPDATES TO SERVICE.

Provider reserves the right to make changes to the terms and conditions, the Services, and the Plan (“Change of Service”). In the event of a Change of Service, the Provider will post changes to this Agreement listed at http://www.dncorp.com/legal/voip. Notice will be considered received by End-Users, and such changes will become binding to End-Users, on the date the changes are posted to the website (“Change Date”), and no additional notice will be required. The Provider will post all changes thirty (30) days in advance of the effective date of the change, except for international calling rates, which require only 24 hours’ notice.  Suppose End-User does not send Provider notification of its desire to terminate this Agreement or uses the service after the Change Date. In that case, End-User is deemed to have accepted and consented to the service’s change of terms and conditions. If End-User does not agree to the change of service and terminates this Agreement, End-User will be responsible for any sums due hereunder in addition to any applicable Disconnection Fee. End-User may request a Plan change at any time, subject to any relevant change of service fee and additional terms and conditions. For a Plan change to a plan that requires a purchase of the equipment, an equipment charge may apply. The Provider may decrease prices for the Services or Plans without providing any prior notice to End-User.

CUSTOMER AGREEMENT-

Customer agrees to the following conditions:

  • EQUIPMENT: I am aware that all equipment, if not purchased, is provided by DN Corp. shall remain the property of DN Corp. and shall be returned upon termination of my account.
  • DATA CALLS. I am aware that VOIP service is not guaranteed to work without-dialing Equipment (Satellite receivers, Fax machines, Alarm systems, etc.)
  • ADDITIONAL CHARGES. I agree to pay all taxes and fees that I incur by using Directory Assistance, Operator Assistance, international long distance, toll-fraud, and any other toll-based call that is outside of my “Unlimited” plan, defined in Section 10 — “UNLIMITED USAGE MINUTE PLANS.”
  • CANCELLATION: I agree to provide 30 days advance notice for account termination. I agree to keep my account active and in good standing for any porting process duration to another provider. I am aware that if I cancel my VoIP service before porting my number to my new Provider, I will not transfer the number.
  • LATE FEES. I agree to pay a $15 late fee if I fail to pay my balance in full by the 10th of each month.
  • Using the VoIP service provided by DN Corp., I agree to be bound to the above terms and conditions as outlined in this document.

Foundation Managed Service Plan

FOUNDATION MANAGED SERVICE

PLAN OVERVIEW (FMSP)

Table of Contents

Foundation for Managed IT Services: 4

The Foundation Managed Service Plan. 5

Security to keep you safe. 5

Disaster Resilience and Recovery. 5

Endpoint Protection. 5

IT Vendor Management. 6

IT Automation. 6

FSMP and what it encompasses. 6

FMSP Services Outlined. 7

Coverage and Service Availability. 8

Service Availability: 8

How fast is the service and resolution turnaround?. 8

What type of discounts are available to FMSP Clients?. 9

CONTACT US! 9

Foundation for Managed IT Services:

Managed IT Services is the practice of augmenting or replacing the management of IT business functions. It can include the management of technologies such as Help Desk support, core network, telephony, and break/fix, and patch management.

Traditionally, companies could hire a handful of IT staff to build, manage, and troubleshoot problems across their entire IT landscape, but to ensure high performance and availability; you need an IT team that is built for each IT function (ex. data center, security, etc.).

It also combines flat-rate, unlimited IT support for a monthly fixed fee with the proactive monitoring of IT workstations and infrastructure for such things as:Routine hardware maintenance — We keep your hardware working at all times of the day and help you avoid downtime. Every Managed Service plan needs to start with
a solid foundation.

The Foundation Managed Service Plan

Whether you’re upgrading from a legacy system or want to improve your levels of data compliance, transforming your business – and how your end users work – can free you from the frustrating technical concerns that clog up your day. We help you achieve this by giving you more time to focus on what matters and stay focused on the other task that are important to your business.

Our unique approach to managed services keeps us agile and best of all, we don’t tie you down or into a long-term contract. Our agnostic capability allows us to build bespoke solutions for your business and deliver end-to-end digital transformation by refining your people, processes, and technology.

Control IT Costs Increase Efficiency Compliance Expertise
Reduce Labor Costs Focus on Core Business Increase Security
Access to Certified Experts Business Data Protection Unify Technology

With combined decades of high level experience all across the IT landscape and being partnered with the some of the world’s leading technology providers, our business is underpinned by a dedication to service excellence and to providing the very best, innovative technologies to our customers.

Security to keep you safe

The planning and design (or redesign) of your IT platform, as well as our continuous service monitoring, ensures the highest level of security across your IT systems. We build complete redundancies and put in place practical and rapidly accessible cover for all contingencies. These are designed around the specific operations and usage of the business and guarantee operational capability and continuity in the event of network or cyber-attack or physical disaster.

Disaster Resilience and Recovery

With all types of data corruption possible, Malware computer viruses, hardware failure, power failures, and all kinds of Acts of God, the risks are always on the increase. We have learned to expect the unexpected at every corner and adapt. Business continuity and keeping your company up and running is incorporated in every Managed Service Plan to help get your business back in motion following a technical disaster.

With a wide range of onsite, cloud, and hybrid Disaster Recovery Solutions with high availability recovery, peace of mind that your valuable business assets are safe, protected, and can immediately be restored should the need ever arise.

Endpoint Protection

Every endpoint we manage will have the necessary protection in place. That is why we have partnered with Security Providers that have proven results. Criminals are continually developing new ways to attack, and a reliable and comprehensive endpoint security package is a must.  Additionally, since most companies are subject to some form of compliance and privacy regulations, protection for endpoints is 100% necessary to help businesses avoid hefty fines and damage to their reputation due to a security breach.

IT Vendor Management

Every Managed Services plan comes with a base Vendor Management service. Many business owners and their employees are overwhelmed when tasked with coming up with an IT solution or when an IT servicing issue requires Vendor Support.  We will work with all your IT third-party vendors and will be a central point of contact that can handle all these issues and solve them effectively and efficiently.  We speak IT, and we can facilitate the process a lot quicker to reduce your overhead costs, improve vendor performance, and identify/ manage risks.

IT Automation

Routine IT tasks such as proactive health monitoring, image and data backups, patches and updates are automated. This consistency leads to high quality results and reduces the possibility for human error. We configure our tools to the handle complex tasks dynamically and intelligently, based on predefined parameters. Our solutions are forward thinking and offer maximum value through efficiency.

FSMP and what it encompasses

With different environments, technologies, sizes, and performance requirements, there will always be options. However, our foundation provides a core base of services and security that is still the same, no matter if you are a small business or fortune 500 company.

We also only partner with integrated solutions providers that understand the importance of working together, that provide a more engaged human-to-human partnership with us. From the perspective of efficiency, the reality is that there are a number of downsides and risks to working alone working but together as a Team, we can accomplish anything.

  • Antivirus/Malware (1st Level) – Provided by our partner BitDefender, we configure to fortify your endpoint security using selected available 30 prevention modules along with endpoint hardening and risk analytics.
  • Antivirus/Malware (2nd Level) – Today’s threat landscape is changing fast so as a secondary line of defense, MalwayeBytes provides protection that keeps you cyber resilient, remediates at scale, and prevents attacks.
  • Remote Management Agent – Provided by our partner Atera to assist with:
  • Pre-configured administrative and maintenance tasks on your equipment.
  • Identify and automate software update patches, ensuring your customers’ networks are always up to date.
  • Backup – At a foundation, every instance comes with data backups of essential files in pre-defined file locations of My Documents, Desktop, My Pictures and My Videos. Our partner, SolarWinds’ provides a proprietary deduplication, compression, and WAN optimization technology that is built for cloud-first backup. Safe around-the-clock storage and security in their data centers located on four continents, Certifications, include ISO, SOC I, SOC II, and HIPAA.

FMSP Services Outlined

Our IT experts are dedicated to managing your end-to-end infrastructures with decades of hard experience across the IT landscape. DN has over 500 customers that continue to entrust our Expertise and Guidance. Offering the below services helps form an integral part of your overall strategy. It addresses some of the broader challenges facing your business, such as adding customer value and improving user acceptance and satisfaction. The below structure in our FMSP services has been designed to utilize our strategic support partnership tools and experience that delivers a reliable, secure, and flexible IT strategy aligned to your overall business objectives.

MSM01 – Network Foundation Service – What is included

This service provides automatic proactive monitoring and system search that identifies each piece of equipment connected to the network. That includes the devices that manage traffic and the endpoints that the client’s staff use. Once the sweep of the target system finishes, the network discovery tool will compile a list of all devices encountered during the search. Network discovery doesn’t just happen once. We scan your network periodically and updates the equipment log so you know which devices are employee-owned and authorized to connect.

We also can provide status reports and attributes of each piece of equipment, such as manufacturer, model, serial number, and age. One use of this database is the ability to implement the amortization of equipment and sort devices that are approaching the end of their service life. Also, the network inventory, updated periodically provides a moment by moment profile of the network and all of its devices. This can be an excellent source for security standard compliance auditing if that inventory data gets archived off frequently.

Remote automated service includes:

·         24/7 Network heartbeat monitoring

·         24/7 Fault/performance monitoring

·         24/7 Real-Time network availability alerts

·         24/7 Network thresholds and capacity alerts

·         UPS automated monitoring

·         Firmware Monitor and Maintenance

·         Configuration backups

·         Disaster recovery and Config Backup

MSM02 – PC Foundation Service

We provide a full range of remote management services using industry-leading tools, allowing us to monitor and manage your PC infrastructure 24×7 proactively, all designed to maximize effectiveness and minimize system downtime and failures.

Remote automated service includes:

·         24/7 Anti-Virus management

·         24/7 Fault and performance monitoring

·         24/7 Capacity HHD, SSD disk monitoring

·         24/7 System threshold monitoring

·         24/7 Uptime monitoring

·         24/7 Automated maintenance

·         24/7 Automated service issues

·         Automatic ticket creation

MSM03 – Server Foundation Service

Cost-effective, round-the-clock management and support for all Windows server. Server management service includes proactive support which includes real-time server monitoring, hardware status reporting and repair and real-time uptime alerting. Services are delivered through our in-house expertise server and networking team.

Remote automated services include:

·         24/7 Anti-Virus management

·         24/7 Heartbeat monitoring and alert

·         24/7 VM heartbeat monitoring and alert

·         24/7 Drive and Raid monitoring

·         Disaster recovery and Data Backup

·         Troubleshooting and fault resolution

·         VPN and Remote management

·         Patch maintenance and Panel updates

Coverage and Service Availability

What and who is covered:

Every FMSP will have a document on file with DN called “Client User Asset and Declaration.”  This document provides essential information such as the Main Point of Contact, Authorized Users, Authorized Service Locations, and CPE (Client Premise Equipment) covered under plan. Any additional CPE, Users or Sites will require approval from the Main POC prior to servicing and may incur additional costs.

Service Availability:

  • Our normal hours of operation in the United States are between Monday through Friday from 8:00 a.m. to 6:00 p.m. CST time.
  • Our normal hours of operation in our Lucknow, India location are Monday through Friday between 5:00 PM to 1:00 a.m. IST time. (6:30 a.m. to 2:30 p.m. CST time.)
  • Emergency support is on demand by our On-Call Technician.

How fast is the service and resolution turnaround?

A service-level agreement (SLA) helps define the level of service you should expect. It includes a response to an incident chart that is a part of the overall metrics by which service is measured. This is a critical component of any technology vendor service.

“Response time” is defined as the amount of time between when the client first creates an incident report (which includes leaving a phone message, sending an email, or using an online ticketing system) and when the provider actually responds (automated responses don’t count) and lets the client know they’ve currently working on it.

However, since issues can be an inexact science to resolve, the time to fix can never be promised, only response time to an incident. Nevertheless, we can guarantee to make sure every issue is regarded as the highest importance. As a Managed Service Client, you will always be at the front of the line with other FMSP Clients. Meaning your account will have priority over our Break/Fix Clients.

As part of the DN Corp.’s continual service improvement commitment, we constantly review and update our SLA. As of today, the current SLA chart is as follows:

Response time SLA

The service level agreement response times defined:

IMPACT Definition First Response
No Impact No hinderance to working. Workaround is available. 24 hours
Minor Interruption to working; workaround may be available. 8 hours
Major Interruption to critical processes affecting individual users; no work around available. 2 hours
Crisis Interruption to mission critical business processes; affecting several users; no workaround available 1 hour
Server Issue Interruption to mission critical business processes; affecting several users; no workaround available 1 hour
Site Down Interruption to mission critical business processes; affecting all users: no workaround available 1 hour

What type of discounts are available to FMSP Clients?

Discounted Services Available

·         Non-covered remote support such as after hours, weekend and emergency support – 20% off applicable standard rate ·         Phone Service – 10% off applicable standard Phone System and Service rate
·         Onsite support – 20% off applicable standard rates ·         Web Development and Support – 20% applicable standard rate
·         Products – 10% off any product purchased ·         Project Work – 10% off

How pricing works

We provide a tiered per PC device model. The per-device model is a flat fee for each type of device that gets supported. For instance, a basic per-device pricing model designates a flat price: Per desktop / per server / per network printer / per managed network. The pricing is straightforward to quote, and the monthly service fee gets adjusted when you add more devices into this model.

You can also create a customized IT managed services bundled package for yourself, tailored to your company’s specific needs or requirements. From an all-inclusive, IT Managed services models or pre-bundled package, we have you covered.

Contact Us

We hope this guide helps you understand our FMSP. We strive to ensure that expectations are clear on both sides of the fence, and our number one priority is to keep you up and running.  If you have any questions, comments, or would like a package specially designed for you, please do not hesitate to reach out to us anytime online at www.dncorp.com or by calling 281-516-8112.

You can download a copy of this document here: Download

Refurbished PC Warranty Terms and Conditions

DN Corp. (DC) is dedicated to supplying reliable, durable, and low cost refurbished DN computers to the US marketplace. Our team takes great pride in our products and reputation and is dedicated to our customer’s complete satisfaction. We stand behind every product we sell with a 100-day limited warranty. Our entire team looks forward to earning your business.

Every system we sell must pass stringent DN refurbishment specifications at an authorized DN refurbishment partner in accordance with monitored DN processes and procedures. This includes an extensive functional test to ensure systems meet factory specifications and thorough cleaning and wipe down. Refurbished systems may have some minor cosmetic imperfections, but they will not affect the performance of the system.

What is covered by this limited warranty?

This limited warranty covers defects in materials and workmanship in the hardware products sold by DN on a part-by-part basis.
What is NOT covered by this limited warranty?

This limited warranty does not cover:

  • Software, including the operating system (if any), trial software (if any), and pre-loaded software (if any)
  • Problems that result from:
  • External causes such as accident, abuse, misuse, or problems with electrical power
  • Servicing not authorized by DN
  • Usage that is not in accordance with product instructions
  • Failure to follow the product instructions or failure to perform preventive maintenance
  • Problems caused by using accessories, parts, or components not supplied by DN
  • Products with missing or altered Service Tags or serial numbers
  • Products for which DN has not received payment or are being disputed
  • Products damaged by misuse, abuse, riot, vandalism, theft, fire, flood, wind, lightning, freezing, power failure, power reduction, telephone failure, or acts of God
  • Cost of installation, removal, or re-installation of this product or any component of the product
  • Expendable items such as batteries, toner cartridges, projector bulbs, and other operating supplies
  • Purely cosmetic scratches, dents, or other similar damages
  • Vinyl skins applied to the product by DN

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). DN’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED AS SET FORTH IN THIS WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE LIMITED WARRANTY PERIOD SET FORTH HEREIN. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST DATA OR LOST SOFTWARE. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

How long does the 30-day limited warranty last? (Included with purchase)

This limited warranty lasts for 30 days and begins on the date of purchase indicated on your invoice. The warranty period is not extended if we replace a warranted product or any part(s). DN may change the availability of limited warranties, at its discretion, but any changes will not be retroactive. After this 30 day period, DN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
How long does the extended limited warranty last? (At additional cost)

If purchased, the extended limited warranty ends 1 year from the order purchase date indicated on your invoice. The warranty period is not extended if we replace a warranted product or any part(s). DN may change the availability of limited warranties, at its discretion, but any changes will not be retroactive. After this 1 year period, DN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
What do I do if I need warranty service?

Before the limited warranty expires, please call us at the number listed below. Please have your DN Service Tag or order number available when you call.

Customer Service
Phone (U.S. Only)
281-516-8112

Hours
Monday through Friday
9am to 6:00pm CST

What will DN do?

(Excluding holidays) If you call us with a technical issue at any time during the warranty period, we will first determine if the problem is covered under the limited warranty. If not, we will notify you of this determination. If the problem is covered under this limited warranty, we will attempt to diagnose and fix the problem over the phone. If a replacement part is necessary to fix the problem, we will ship you, at our cost, a refurbished replacement part. If the part is out of stock, we will either back order the part or issue you a credit for the refurbished market value of the defective part as determined by DN. Such credit will fulfill our obligations under the limited warranty for the defective part. We will not ship to an address outside of the United States. We will assist you in replacing the defective part with the replacement part over the phone if you call Customer Service. Once the replacement part is installed and your system is working properly, we may require you to send the defective part to us.

During the first 30 days of ownership: In addition to the parts replacement process described above, you may also return the product for a refund during the first 30 days from the invoice date (excluding shipping and handling charges and applicable restocking fees). Prior to any return, however, you must call customer service and request a Return Material Authorization (RMA) number. If you do not call customer service, your return may be rejected. To be eligible for a return, the Products must be in the same condition as when shipped to the Customer and all of the manuals, diskettes, power cords, software and other items included with the Products must also be returned. You must return the entire system to us in its original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk if the product is lost or damaged in shipment..

NOTE: Before you ship the product(s) to us, make sure to back up the data on the hard drive(s) and any other storage device(s) in the product(s). Remove any confidential, proprietary, or personal information and removable media such as floppy disks, CDs, or PC Cards. We are not responsible for any of your confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost removable media.

We use refurbished parts made by various manufacturers in performing under this warranty. All parts and systems are inspected and tested for quality. Replacement parts and systems are covered for the period of the limited warranty for the product you bought. DN owns all parts returned to DN.
May I transfer the limited warranty?

DN’s limited warranty may not be transferred. Some products offered by DN may be covered by a warranty provided in writing by the manufacturer when the products were originally sold. To the extent assignable, DN assigns to Customer any such warranty provided by the manufacturer. DN does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.