Definition of Services / Pricing: Our services and pricing are shown on our website at www.nds01.com and / or www.Naples-Digital-Services.com. Custom services must be scheduled, estimated, and quoted separately. While most of our standard services are fixed priced, we do have services that have usage, bandwidth, or monthly storage charges, and all custom services are available only on an hourly rate basis (standard $100.00 per hour, plus travel, hardware, software, and / or expenses if applicable. Various minimum charges applying). Contract rates may apply for hourly rate services. There are separate rates for after hour services (standard business hours are 9AM - 5PM M-F EST, GMT-5, Florida, USA) and / or emergency services (minimum charge of 3 hours at Standard Rate). Quotes for services are good for 30 days, unless specifically stated in writing. Naples Digital Services reserves the right to revise, add, or cancel the availability, specifications, or price of the Services including any Evaluation Packages and custom work without notice. We may change or terminate the Service or any part of it for any reason without notice or liability. Pricing, including rate and / or contract plans and feature information for the Services you select or use are available to you when you purchase the Service on our Web site, and are a part of our agreement and are incorporated by reference into these Terms and Conditions. You acknowledge that no employee, dealer, or other agent is authorized to make any representation or warranty other than as described in these Terms and Conditions with respect to the Service, Products, or rate plans and offerings, or to waive or modify any of these Terms and Conditions.
Changes to the Agreement or Charges. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IF WE: (A) INCREASE THE CHARGES INCLUDED IN YOUR MONTHLY RECURRING PLAN, OR (B) MODIFY A MATERIAL TERM OF OUR AGREEMENT WITH YOU AND THE MODIFICATION WOULD BE MATERIALLY ADVERSE TO YOU, WE WILL NOTIFY YOU OF THE INCREASE OR MODIFICATION AND YOU CAN CANCEL THAT SERVICE WITHOUT PAYING A CANCELLATION FEE (WHICH IS YOUR ONLY REMEDY) BY FOLLOWING THE CANCELLATION INSTRUCTIONS IN THE NOTICE. IF YOU DO NOT CANCEL YOUR SERVICE BY FOLLOWING THOSE INSTRUCTIONS, OR YOU OTHERWISE ACCEPT THE CHANGE, THEN YOU AGREE TO THE INCREASE OR MODIFICATION, EVEN IF YOU PAID FOR SERVICE IN ADVANCE. IF THE NOTICE DOES NOT SAY HOW LONG YOU HAVE TO CANCEL, THEN IT IS WITHIN 14 DAYS AFTER THE DATE OF THE NOTICE, UNLESS A LONGER PERIOD IS REQUIRED BY LAW. EXCEPT TO THE EXTENT PROHIBITED BY LAW, CHARGES FOR PRODUCTS, SERVICES, OPTIONAL SERVICES, OR ANY OTHER CHARGES THAT ARE NOT INCLUDED IN YOUR MONTHLY RECURRING PLAN (SUCH AS EMAIL MAILBOX, DNS ADMINISTRATION, MONITORING, BACKUP / RESTORE, STANDARD HOURLY RATE, CONTRACT HOURLY RATE, DOWNLOADS, AND THIRD-PARTY CONTENT) ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE, AND IF YOU CONTINUE TO USE THOSE SERVICES, OR YOU OTHERWISE AGREE TO THE CHANGES, THEN YOU AGREE TO THE NEW CHARGES. VISIT OUR WEB SITE, OR CALL OUR US FOR CURRENT CHARGES.
Term; Cancellation of Service. If you select a rate plan with a fixed term longer than 1 month (we normally offer 12/24/36 month terms), then this Agreement will continue for the full number of months selected ("Term"). You may cancel Service for any reason by providing us with notice (we may require up to 30 days), which cancellation will take effect on or before the beginning of the next billing cycle after the notice period, BUT IF YOU CANCEL SERVICE OR BREACH THE AGREEMENT BEFORE YOUR TERM ENDS, YOU AGREE THAT THE RESULTING HARM TO US IS IMPRACTICABLE OR EXTREMELY DIFFICULT TO MEASURE AND YOU AGREE TO PAY US IN ADDITION TO AMOUNTS OWED, AS A REASONABLE ESTIMATE OF OUR HARM, A $200.00 CANCELLATION FEE PER CONTRACT SERVICE ELEMENT (which may be deducted from your deposit or any amounts prepaid by you, charged to your card or billed to your account). Our cost of providing your Service is not incurred evenly over the Term. Our monthly charges and other rates are based on the assumption that you will remain a customer for the whole Term. You and we agree that it is reasonable for your rates to include the amount of the cancellation fee. We may suspend or terminate your Service for any reason or no reason upon 3 days notice (unless a longer period is required by law). If you breach the Agreement, we may suspend or terminate your Service immediately without prior notice (except to the extent prohibited by law) and do the same for any other service you receive under any other agreement with us. You breach the Agreement by: (a) failing to pay any sum when due; (b) failing to comply with any provision in this Agreement or any other agreement between us; (c) becoming the subject of any proceedings under the Bankruptcy Code; (d) becoming insolvent; or (e) your financial institution dishonoring or returning for insufficient funds your check or credit card. In the event of cancellation, you are responsible for payment of all charges (including any cancellation fee) due to us under the Agreement, which charges will be immediately due and payable. If we reinstate Service to you after discontinuing Service, you may be subject to a credit check and agree to pay reactivation charges or deposits. After the Term expires, you become a month-to-month customer but are still subject to the Agreement, as modified.
Use of Service. You may not use, or attempt to use, our Services or Network or Systems for any fraudulent, unlawful, improper, harassing, excessive, harmful, or abusive purpose ("Improper Uses"), or so as to adversely or negatively impact our customers, employees, business, ability to provide quality service, reputation, or network, or any other person. We may determine on a case-by-case basis what constitutes Improper Uses. Improper Uses include, without limit: (a) attempting to interfere with the access of any user, host, or network; (b) identity theft; (c) attempting to decipher, decompile, or reverse engineer any software; (d) posting or transmitting unlawful, infringing, or objectionable content as determined by us; (e) probing, or attempting to tamper with or harm our systems, network, or customers; or (f) reselling or attempting to resell any aspect of the Service, whether for profit or otherwise. If we suspect a violation of this provision, we may: (i) begin legal action; (ii) suspend or terminate Service immediately and without prior notice; (iii) suspend or terminate service provided to you under any other agreement with us; and (iv) cooperate with law enforcement in prosecuting offenders. You agree to cooperate with us in investigating suspected violations. We may terminate your Service or change your rate plan at any time, with notice, if we determine, in our sole discretion, that your use of the Service is excessive, unusually burdensome, or unprofitable to us. You have no proprietary or ownership rights to any Services or Software or Business process provided by our Service.
Service Availability, Roaming, International Usage, and Limits. Many of our services utilize Internet connectivity. You are responsible for all cost, including roaming and International Usage, for utilizing our services. International roaming wireless access to Internet services can be substantial. Your Phone operates as a radio and Service is only available when your Phone is within range of an antenna providing Service. Likewise, your PC must have continuous Internet connectivity for our service to function. Our service is not bound by carrier coverage maps which only approximate wireless coverage area outdoors; actual service area, coverage, and quality may vary and change without notice. There may be gaps in Service due to Internet outages, other equipment outages, and poor coverage areas. Even within a coverage area, factors, such as: network changes, emergencies, traffic volume, transmission limits, service outages, technical limitations, signal strength, your equipment, interconnecting carriers, terrain, structures, weather and other conditions (without limit) may interfere with actual service, quality, and availability. Our ability to provide continuous service may be interrupted, dropped, refused, or limited. Coverage may change without notice. We are not responsible for network related issues and outages, and some Services may not be available on International, or third-party networks, or while roaming. We may impose credit, usage, or other limits to Service, cancel or suspend Service, or block certain services at our discretion. We may suspend Service without notice if you exceed any credit limit. Service may not be transferred to another market except at our discretion, and we may charge transfer fees. WE ARE NOT LIABLE FOR ANY SERVICE LIMITS, FAILURES, OR OUTAGES, INCLUDING WITHOUT LIMIT, THE FAILURE OF ALERTS, 9-1-1 EMERGENCY, PRIORITY ACCESS, OR SECURE SERVICE CALLS TO BE CONNECTED OR COMPLETED, OR THE FAILURE TO PROVIDE ALERTS OR ACCURATELY LOCATE ANY 9-1-1 CALL. Location services, including 9-1-1 location services, emergency or other alert systems, priority access, and secure service calls may not be available in your area and are subject to Service limitations.
Billing, Charges, Incorrect Charges, and Late Fees. You authorize us to verify your creditworthiness with a credit-reporting agency at any time. You will be charged for Service and other features on a monthly billing cycle basis and we may change your billing cycle at any time. You agree to timely pay in full each month all charges and fees associated with the Service, including without limit, monthly recurring Service charges, Email Box, Backup / Restore, Hourly Rate, Storage, Emergency Support, additional or optional services that you use or are processed through our Services or Systems. You remain liable for payment even if a third party agrees to pay your charges. Except to the extent prohibited by law, billing of usage or Storage related charges may be delayed or applied in subsequent billing cycles. If you believe your bill contains an incorrect charge, you have 60 days from the date of the first bill that contains the charge to notify us or you waive any right to dispute the charge. To notify us, please contact jkutay@naples-digital-services, or call 1-888-250-3554. We may require you to describe the dispute in writing. If you accept a credit to resolve an issue, you agree the issue is fully resolved. We may require payment before your due date if we are concerned about your ability to pay us (such as when you have an unusually high balance). For your payment to be deemed received by us and your account to be timely credited, you must provide with your payment information sufficient to identify you and your account Name and Address. If we accept late or partial payments or payments with limiting notations, it will not waive any of our rights to collect all amounts that you owe us and it will not be an accord and satisfaction. If we agree to an alternate payment plan, we may confirm it in any manner, including by electronic means. If your financial institution dishonors or returns for insufficient funds your check or credit card, it is a breach of this Agreement and we may (a) charge you a fee of $20.00 or such amount as may be permitted by law, (b) stop accepting checks, credit card or other similar payment methods from you, and (c) immediately suspend or cancel your Service. We may use a collection agency and charge you for their fees billed to us for trying to collect what you owe us. You agree to pay 1.5% or $5.00 per month (or portion of a month), whichever is greater, on any past due balances until paid, subject to the highest amount permitted by law. Except to the extent prohibited by law, this late fee may be charged regardless of any disputes you may have raised regarding your invoiced charges.
MANDATORY ARBITRATION TO RESOLVE DISPUTES/CLASS ACTION WAIVER/JURY TRIAL WAIVER: ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, YOU AND WE WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES ("CLAIM"), SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). This agreement to arbitrate also requires you to arbitrate claims against other parties relating to Services or Products provided or billed to you, including suppliers of Services and Products and our retail dealers, if you also assert Claims against us in the same proceeding. You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement
BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT NAPLES DIGITAL SERVICES CUSTOMER RELATIONS, 6017 PINE RIDGE ROAD, # 304, NAPLES, FLORIDA, 34119 AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. ARBITRATION WILL BE CONDUCTED UNDER THE AAA'S ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator's fees and administrative expenses ("Fees and Expenses") except that: (a) for Claims less than $25.00, we will pay all Fees and Expenses; and (b) for Claims between $25.00 and $1,000.00, you will pay only $25.00 in Fees and Expenses, or any lesser amount as provided under AAA's Supplemental Procedures for Consumer-Related Disputes. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and this Agreement. An arbitrator may issue injunctive or declaratory relief but only applying to you and us and not to any other customer or third party. As a limited exception to the agreement to arbitrate, you and we agree that: (a) you may take Claims to small claims court, if your Claims qualify for hearing by such court; and (b) if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement.
CLASS ACTION WAIVER. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.
JURY TRIAL WAIVER. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
Copyrights: Naples Digital Services does not post or reproduce any materials or content that may violate Copyright Laws. You are solely responsible and assume all liability for the manner in which you utilize our systems. It is generally illegal to copy, reproduce or distribute copyrighted information or materials (including software, photographs, video, audio, and music) without the consent of the owner of such copyright. YOU ALSO REPRESENT THAT IN POSTING and / or SUBMITTING ELECTRONIC media to systems provided to you by Naples Digital Services, THAT YOU ARE THE OWNER OR ARE AUTHORIZED BY THE COPYRIGHT OWNER TO USE ANY COPYRIGHTED MATERIALS SUBMITTED OR PROVIDED BY YOU. YOU WILL HOLD Naples Digital Services HARMLESS FROM ANY LIABILITY FOR POSTING, OR REPRODUCING IN ANY FASHION, INCLUDING DIGITALLY, ALL IMAGES (SOFTWARE, PHOTOGRAPHS, VIDEO, MUSIC, AUDIO, ETC.) BY USING THE Naples Digital Services, YOU AGREE AND ACCEPT TOTAL RESPONSIBILITY FOR ANY COPYRIGHT VIOLATIONS RELATED TO THE MATERIALS YOU HAVE SUBMITTED TO OUR SYSTEMS. UNAUTHORIZED USE MAY BE IN VIOLATION OF THE LAW AND COULD RESULT IN LIABILITY BY YOU.
Unless otherwise clearly indicated, you should assume that anything and everything you see or read on web sites of Naples Digital Services is copyrighted and may not be used or copied by you except as explicitly provided in this site, or by applicable law or otherwise without the express prior written consent of Naples Digital Services or the copyright owner. This prohibition means you may not transmit, mirror, modify or re-distribute any images or text from this site without the express prior written permission of Naples Digital Services or the copyright owner. You may download and print images and text from this site only for your private, non-commercial use. Any other use requires the prior consent of Naples Digital Services or the copyright owner.
General: Naples Digital Services provides hosted email services, managed PC (Personal Computer) and SmartPhone support, management, backup and restore services, and monitoring services. Unless enhanced, custom, or additional services have been specifically ordered, Naples Digital Services' sole responsibility is to provide Internet based access to these standard services for customers who are current with their billing. For example, if Naples Digital Services can access your email account from their computer systems, then that is the accepted and final determination that the email services provided to you are operating properly.
Custom Work: Custom work is available only on a time and materials basis - (there are no fixed bids for custom work). We can work from your specifications, or we can review your material, document our recommendations and suggestions, and review them with you for your approval. Additional work, and / or Rework of Custom Services is available only on an additional time and materials basis. Preparation and review of specifications and statement of work may be billable time, at our then hourly rate (currently $100.00 US per hour), with a minimum one (1) hour charge.
EMERGENCY / Expedite Orders: We appreciate that the delivery of some services can be extremely time sensitive. On a case by case basis, we may be able to offer Emergency / Expedite services and work. Emergency orders for custom work are charged an additional 50% of the standard charge, plus any additional travel or shipping charges. Emergency After Hour work is charged our standard hourly rate, with a minimum of 3 hours charged. Our normal service response is within 24 hours for contract customers. Please contact us regarding your request by sending an email to: jkutay@Naples-Digital-Services.com.
International Customers: We accept selected international orders under restricted circumstances, and only to certain countries. Billing and shipping considerations are extremely important. Please contact us regarding your request by sending an email to: jkutay@Naples-Digital-Services.com, or call us direct, at: 184.108.40.20648 (we are U.S. Eastern Time Zone, GMT:-5:00). US Credit Cards or PayPal are the preferred payment methods for international orders. All prices are in U.S. dollars. Mail your payment by international money order or certified bank check, or American Express, PayPal, Western Union (www.bidpay.com), Postal Money Order etc. made out in U.S. Dollars and enclose with your completed Order Form (Western Union - www.bidpay.com money orders can be mailed separately). We accept postal money orders from most countries. International customers receive fast reliable service by sending an international money order made out in $US dollars or a postal money order made out in $US dollars purchased from a post office in your country. No order is accepted unless complete information is provided including full address and phone numbers. For international orders, we ship only to the billing address. Please email to discuss shipping charges and instructions. NOTE: It is your responsibility to be aware of the customs regulations of your own country. Any shipments or products seized or destroyed by the customs service are considered your responsibility and are non-refundable. Our prices do not include taxes and tariffs. Customers outside of the United States may be required to pay these fees to the courier, as applicable, upon delivery. For example, Canadian customers may be assessed the GST (Goods and Services Tax) or the appropriate HST (Harmonized Sales Tax) or PST (Provincial Sales Tax) when the order arrives. Please consult your local customs office or tax authority for information specific to your situation.
Non-English Customers: Thank you for your interest. We have Spanish language talent available to assist us with your custom orders. Please contact us regarding your request by sending an email to: jkutay@Naples-Digital-Services.com.
Payment: All prices are shown are in U.S. Dollars, single quantity (each). Prices subject to change. Additional charges may apply. Naples Digital Services bills one month in advance for standard services, and must receive payment before the month commences. (For example, charges for July standard services will be billed in June, and must be paid in June. Customer agrees to provide appropriate Credit Card information for billing purposes. If Naples Digital Services cannot, for any reason, process the customer bill on the provided Credit Card, the customer will, upon being notified by telephone, email, or writing by Naples Digital Services, immediately provide another Credit Card acceptable to Naples Digital Services, or other billing method (including PayPal) to immediately provide payment. Naples Digital Services may suspend services until payment is received. Naples Digital services is not liable for any damage, loss of data, or loss of business due to suspended services. Reactivation charges may apply. Any Invoices billed are "due on receipt", and payment must be received within 30 days of date of Invoice. Final price will be based upon Naples Digital Services review of your order for completeness, and / or providing a firm quotation for standard services requested. Additional work or rework of custom work is billable time. Shipping and Handling charges extra. Florida residents add sales tax. Naples Digital Services accepts check, PayPal, money order, or credit card payment of Discover, MasterCard, Visa, or American Express. Check or Money order should be sent only after receiving a confirmation email or other notice from Naples Digital Services. Payment must be made at the time of order. If payment is made via check or money order, Naples Digital Services will hold processing of order until funds clear. Sorry, no C.O.D. orders accepted. By signing the Authorization portion of our Order Form you acknowledge that you have read and accepted Naples Digital Services Terms and Conditions, you also agree for the stated charges to be placed on your credit card. Credit Card charges will appear as "Naples Digital Services" and / or "Big Guy Enterprises, Inc" on your Credit Card Statement.
Discounts and Coupons: Unless otherwise stated, only one Discount or Coupon may be applied per order. Discounts or Coupons apply only to the purchase price of an item and exclude the amount paid for shipping and handling charges. Special Discounts or Coupons may be offered from time to time, but not all items may qualify for discounts. Naples Digital Services will not be held accountable or liable for erroneous information pertaining to Discounts or Coupons, or for information that is inadvertently omitted regarding exceptions, or changes in amounts. Coupons are not replaceable, if lost, stolen, destroyed or expired. Discounts and Coupons are not transferable. Facsimile copies are not acceptable. Discounts or Coupons are not returnable, exchangeable, refundable or redeemable for cash under any circumstances.
Limitation of Liability. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. Naples Digital Services AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT liable to you, other users of your Systems, Network, Phone or third parties for any deficiency in performance or quality, caused in whole or in part by an act or omission of an underlying carrier or service provider, Web site, messaging community, dealer, equipment or facility failure, Phone failure or unavailability, discontinuation of Service, or Phones, network problems, lack of coverage or network capacity, equipment or facility upgrade or modification, delay or failure of number portability, acts of God, strikes, fire, terrorism, war, riot, emergency, government actions, equipment or facility shortage or relocation, the failure of an incoming or outgoing call, including 9-1-1 emergency, priority access, or secured service call, to be connected or completed or for the functionality of location services, including 9-1-1 location services, priority access, or secured call or alert service, or causes beyond our reasonable control. EVEN IF NAPLES DIGITAL SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, NAPLES DIGITAL SERVICES AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OF YOUR EMPLOYEES, AGENTS, CUSTOMERS OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, TREBLE, SPECIAL, OR CONSEQUENTIAL DAMAGES; LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER ARISING FROM INTERRUPTION OR FAILURE OF SERVICE, LISTING ERRORS, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, SUSPENSION, TERMINATION, OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION, OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR COMPUTER SYSTEM OR PHONE (WHETHER READ OR UNREAD, SOLICITED OR UNSOLICITED), OR LOSSES RESULTING FROM ANY PRODUCTS, GOODS, OR SERVICE PURCHASED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. IF THE STATE LAW APPLICABLE TO YOUR CLAIMS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, THE RELEVANT PORTIONS OF THE ABOVE EXCLUSION OR LIMITATION WILL NOT APPLY TO YOU.
You agree that there are inherent risks associated with transmission, customization, editing, storage, shipping, handling, monitoring, backup and restore, and other work related to your email, calendars, contacts, tasks, information, electronic media, software, hardware, and network. ("Your Media".) One example is the loss of data associated with reformatting a hard drive. Another example is copying an older file over a more current version of the same file name. A third example is deleting information that cannot be restored. There is a risk of damage to Your Media, including the potential for unrecoverable loss. You accept total responsibility and risk to Your Media and the loss of content. You agree that in the process of providing our services, at our discretion, Naples Digital Services may chose to make configuration, work flow, network, and storage decisions regarding "Your Media". without any liability to you. You accept that your media may altered or changed in such a way that it may not be able to be returned to its original configuration or condition.
THE MAXIMUM AGGREGATE LIABILITY OF NAPLES DIGITAL SERVICES AND AFFILIATES TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE IN CONNECTION WITH THE AGREEMENT FOR ANY AND ALL DAMAGES, INJURY OR LOSSES ARISING FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RELATED TO SERVICES OR PRODUCTS, SHALL BE A REFUND OR REBATE OF THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.
Indemnification. You agree to defend, indemnify, and hold us, our Affiliates, and any partner or third party provider harmless from any and all claims, demands, actions, liabilities, costs, or damages arising out of your use of the Service or Products, any legal disclosures we make relating to your Service or Product, or your breach of this Agreement. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this applies.
Right To Refuse Service: Naples Digital Services reserves the right to refuse service to anyone at any time, with or without reason. We require that you limit your content for use on our systems. Naples Digital Services reserves the right to refuse service for any material that our staff, for any reason, deems objectionable, or is otherwise identified, identifiable, or known objectionable or pornographic material. If the general public would label your material degrading, offensive, illegal, "For Mature Audiences", "R", or "X" rated, do not request our services. We may preserve and disclose content or customer information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with legal process; (b) enforce these terms, (c) protect the rights, property, or personal safety of Naples Digital Services.
Typographical Errors: In the event a product is listed at an incorrect price due to typographical error, software error, or error in pricing information received from our suppliers, Naples Digital Services shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Naples Digital Services shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Naples Digital Services shall immediately issue a credit to your credit card.
Naples Digital Services Software: Services provided by Naples Digital Services may incorporate software that contains proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a personal, non-transferable, and non-exclusive license to use the Software; provided that you do not (and do not allow any third party to) copy, modify, reverse engineer, assign or otherwise transfer any right in the Software. We provide assistance on a Time and Materials basis. You may also be able to receive support to frequently Asked Questions on our website. The license to use Certain software provided by Naples Digital Services may terminate with the termination of our services agreement. An example is that if Naples Digital Services provides you a licensed copy of Microsoft Outlook Client, your license to use this software is valid only while you have a current service agreement with Naples Digital Services. You may purchase your own license of Microsoft Outlook at any time to avoid this requirement.
Links to Third-Party Sites: We may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services.
Compatibility: While email and Internet Protocols are widely accepted worldwide standards, Naples Digital Services does not warrant that our implementation of these and other standards, formats, and media will interoperate with your specific computer, hardware, software, network, or Information Technology system or configuration. Please refer to your owner's manual, other third-party compatibility lists, or your equipment manufacturer. All sales are final and orders may not be cancelled after for incompatibility. We recommend that you test a representative configuration to validate your systems compatibility or to assist with purchase selection of a system, before we begin a large scale deployment.
Disclaimer of Warranties: EXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED, AND TO THE EXTENT PERMITTED BY LAW, ALL SERVICES, PRODUCTS, AND THIRD-PARTY PRODUCTS ARE PROVIDED "AS IS, AS AVAILABLE", "WITH ALL FAULTS", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIT, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT OUR SERVICES WILL INTEROPERATE WITH YOUR SYSTEMS. WE DO NOT WARRANT THAT OUR WORK OR SERVICES WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE OR PRODUCTS. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT WARRANTIES BY US OF ANY KIND. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES DO NOT WARRANT THAT THE INFORMATION, SOFTWARE, PRODUCTS, PROCESSES, OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, BUG OR ERROR FREE. IF APPLICABLE STATE LAW DOES NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, THE RELEVANT PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Entire Agreement: This Terms and Conditions document, (including any related Order) constitutes the entire understanding between Naples Digital Services and you. This document supersedes all prior and contemporary agreements, understandings, negotiations, and discussions, whether oral or written, between Naples Digital Services and you. There are no warranties, representations, promises, covenants, or other agreements between Naples Digital Services and you other than those expressly set forth herein.
If you have a question, don't see what your looking for, or would like to discuss custom services, please send an email to: jkutay@Naples-Digital-Services.com and include a day and evening phone number.
Your use of this website constitutes acceptance of the Naples Digital Services Terms and Conditions. The Naples Digital Services site and all materials on it are