The Work Order: The Work Order page is provided to the DBS clients without charge as a convenience and facilitates the communication between DBS and the clients. When the Client opens a request at the Work Order page he/she must include:
The accurate service information.
the content is up-to-date or current;
we have a duty to update any content;
the content is free from technical inaccuracies or typographical errors;
the content is free from changes caused by third party; and
your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.
Liability: We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Amendment. The User agrees that the DBS has full discretion to amend at any time this agreement and User agrees that upon 30 days’ notice any such amendment will apply to User. Notification of amendments will be published in Official DBS materials including the Company’s official website. The Continuation of relation with DBS and sale of its products shall constitute User’s acceptance of any and all DBS amendments to the terms and conditions.
Software Upgrades and Modifications. DBS reserves the right to upgrade the Software or discontinue support for earlier versions of the Software at any time, provided that such upgrade will not materially alter the features and/or functionality of the Services. You agree to implement promptly all fixes, updates, upgrades, and replacements of Software and Third Party Software as directed by DBS or by the third-party providers of Third-Party Software. DBS shall not be liable for the inoperability of the Services due to the failure of User to timely implement the required changes.
Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software. The DBS Software and all information, documents and materials on the Platform are protected by trademark, copyright, patent, and other intellectual property laws and international treaty provisions. All website content, corporate names, service marks, trademarks, trade names, logos and domain names of DBS are and shall remain the exclusive property of DBS or its Affiliates and nothing in this Agreement shall grant you the right or license to use any of the foregoing. You warrant and represent that it possesses all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify, defend and hold harmless DBS from and against any and all liability arising out of your use of such interface device with the Service.
The service marks and logos of DBS used and displayed on our Web site are our registered and unregistered trademarks. Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without our written permission. Requests to use trademarks owned by other companies which may be mentioned on this Web site should be directed to such other companies. We aggressively enforce our intellectual property rights. The name of DBS or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance.
Fraudulent Use of Service. User is solely responsible for any and all activities that occur under User’s account. User shall not transfer its login credentials accessing the Services to any third party. User agrees to notify DBS if it becomes aware of any prohibited, fraudulent or unauthorized use of the Services, User’s account, DBS Platform or User Platform. DBS shall not be liable for any damages whatsoever resulting from any prohibited, fraudulent or unauthorized use of the Services, User’s account, DBS Platform or User Platform, and User shall bear the risk of loss and assume all liability arising from any such prohibited, unauthorized or fraudulent usage, except to the extent such usage arose solely from DBS’s gross negligence or willful misconduct. Any such prohibited, unauthorized or fraudulent use shall be deemed a material breach of the Agreement by User. User is responsible for implementing generally accepted security measures to protect all access points. User is responsible to secure all credentials used to access the Services, including credentials used by telephones or softphones and credentials used by end users or administrators, as well as the media access control (MAC address of telephones used by User. User is also solely responsible for terminating credentials and access for any end users no longer authorized by User to use the Services. User acknowledges that placing telephones on a publicly accessible internet protocol address or a publicly accessible network will subject the User to a higher level of risk for fraudulent activity. In the event DBS discovers or has reason to believe (i) suspicious or fraudulent transactions being made, (ii) behavior patterns or volumes materially outside of User’s regular usage patterns or (iii) other usage in violation of this Agreement, User consents to DBS taking actions it deems reasonably necessary (including temporary suspension of the affected Service or blocking or limiting access to the platform) to prevent such calls from taking place. DBS may provide notice prior to taking such action, otherwise, if DBS is required to take such action to avoid harm to DBS, DBS Users or 3rd parties, DBS will provide notice as soon as reasonably practicable thereafter. User acknowledges and agrees that DBS is under no obligation to do so, but may: (a) upon request investigate the authenticity of calls charged to User’s account, (b) take action to prevent such calls from being made, and (c) is not liable for any fraudulent calls processed by DBS and billed to User’s account unless such calls are the result of DBS’ gross negligence or willful misconduct.
Limitation of Liability. NEITHER DBS, NOR ITS AFFILIATES, VENDORS, SUPPLIERS, DISTRIBUTORS, CHANNEL AND OTHER MARKETING PARTNERS OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, REPLACEMENT COSTS, OR ANY LOSS OF REVENUE OR PROFITS, CONTENT, DATA, OR DATA USE, EVEN IF DBS HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN BY DBS. DBS’ AGGREGATE LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID TO DBS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO A CLAIM SUBJECT TO THIS SECTION.
This site is controlled by us from our offices within the United States of America. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws, including but not limited to the export and import regulations. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations.
The materials on the DBS Web Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the DBS Web Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.