Service Terms and Conditions

Reference to "you" and "your" in these Terms and Conditions includes references to the Customers and users of this site and the Services (as hereafter defined) and are used interchangeably with "Customer".

1. Acceptance of Terms and Conditions:

The following are the terms of a legal agreement between you and Dependable HomeTech^TM ("DHT") on its behalf and on behalf of its affiliates. By accessing, browsing and/or using this site, you acknowledge that you have read, understood and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions. You further agree to be governed by any additional terms and conditions that may apply to you arising out of your accessing, browsing and/or using of this site, an affiliated site or in a separate agreement with DHT. In the event of any conflict between these Terms and Conditions and such additional terms and conditions, such additional terms and conditions shall govern to the extent of the conflict. If you do not agree to these Terms and Conditions, please do not use this site.

2. Services:

DHT offers various services to its customers (the "Customers"), each of which, along with its corresponding terms and conditions is described at www.mydh.com/services/T&C (the "Services"). Use of, and/or payment for, any Service shall constitute your acceptance of its individual terms and conditions as outlined thereat. You acknowledge that you have entered into an agreement with DHT and will be bound by the terms herein and as set forth at www.mydh.com/services. In particular, you agree to pay the fees and rates as set forth thereat.

3. Changes to Services and Terms and Conditions:

DHT may, in its sole discretion, change, modify, add or remove portions of any Service at any time on fourteen (14) days prior notice. DHT may notify Customer of any such changes to the Services by posting notice of such changes on the applicable Services site or sending notice via e-mail. The Customer's continued use of the Service following notice and/or posting of such change, modification or amendment shall be deemed to be the Customer's acceptance of such change, modification or amendment. If the Customer does not agree to the change, modification or amendment to the Services, the Customer will immediately stop using the Services and notify DHT that Customer is terminating this Agreement. This paragraph shall not apply to reductions in Service without corresponding reductions in price, or increases in price, which shall require notification to and consent from the Customer. DHT reserves the right, in its sole discretion and without notice, to update or revise these Terms and Conditions and to post such updated or revised Terms and Conditions on this site. The Customer is responsible for regularly reviewing these terms and conditions and any additional terms and conditions posted hereof or at any of the other sites referenced herein. The Customer's continued use of this site and/or affiliated sites following the posting of any changes to the terms and conditions constitutes acceptance of those changes.

4. Changes to Fees:

You acknowledge that DHT may modify the fees for any Service and such modification to the fees becomes binding on you on the first day following the end of your billing cycle.

5. Recommended Solutions:

DHT represents that its technicians are skilled and equipped to solve most computer and network problems. DHT technicians will provide, on a best efforts basis, solutions for computer and network difficulties. In the case of hardware failure, DHT technicians will provide recommendations on exercising manufacturers' warranty or an estimate of the costs involved to resolve the problem. Customers may accept or reject the recommendations of the DHT technician. If the Customer chooses not to proceed with the recommendation of the DHT technician, DHT shall not accept responsibility to resolve the problem and may discontinue the Services.

6. Back-up Data:

The installation, use, inspection, maintenance, repair and removal of equipment during the provision of any Service by DHT may result in service or damage to the Customer's computer. DHT shall have no liability for any damage to, or loss or destruction of, any of the Customer's software, files, data, or peripherals no matter how caused including if caused by the negligence of DHT. The Customer is responsible for backing up and maintaining backed up copies of its software, files and data as and when required. If the hardware of the Customer's computer is damaged as a result of gross negligence of DHT, DHT will pay reasonable costs for the repair and replacement of the damaged parts.

7. Testing:

Good data processing procedure requires that any program be thoroughly tested with non-critical data before relying on it. You shall be solely responsible for testing programs with non-critical data, and DHT shall not be responsible for any losses caused by your failure to comply with this procedure.

8. Software Support:

All Software is supported on a best efforts basis. Unlicensed, beta or pre-released software is unsupported.

9. Manufacturer's Warranty:

DHT will not be liable for the voiding of any manufacturer's warranty. You shall be solely responsible for contacting your hardware manufacturer to learn about its warranty prior to having DHT perform any Services.

10. Term:

The term of this Agreement shall be in effect for the same length as the term of the Service(s) selected at www.mydh.com/services. The term shall automatically renew for successive terms of one (1) year unless terminated in writing at least thirty (30) days prior to any date of renewal. Unless the Customer and DHT agree otherwise, these Terms and Conditions will apply to any renewal term. Either party may terminate this Agreement at any time on fourteen (14) days prior written notice if there is a default by the other party of its obligations under any applicable terms and conditions, provided such default is not rectified by the end of the notice period. If the default is the Customer's failure to make payment to DHT when required. DHT may immediately suspend the provision of the Services until all payments in arrears have been made.

11. Payment:

Customer accounts are due and payable automatically on the first day of the month by credit card or pre-authorized payment as determined by DHT. Overdue accounts are subject to late payment administrative charges, including overdue interest at the lesser of 24% per year and the maximum rate permitted by law. Any payment received shall first be applied to the oldest outstanding charges. The Customer's failure to make payment when due may result in the termination of this agreement by notice to the Customer and/or cessation of the Services. After a termination notice is issued, Services will only be continued after payment of a reinstatement fee and full payment of arrears, by money order, credit card or certified cheque. Reasonable charges for NSF cheques will apply.

12. Additional Remedies of DHT:

In addition to any other remedy DHT may have for any breach by you of the provisions of these Terms and Conditions, DHT may in its sole discretion terminate your access to all or any part of this site or the Services and charge you the full amounts then outstanding by you, and shall have no liability to you in the event that it does so.

13. Customer Information:

All information provided by the Customer including name and email address, card numbers and expiration dates and transaction-related information, must be true, accurate, current and complete and DHT will rely on such information. The Customer will be solely responsible and liable for any and all loss, damage, and costs incurred as a result of false, incorrect or incomplete information provided. DHT shall have the right to make inquiries and to receive information about the Customer's credit experience and history from others including credit-reporting agencies, and the Customer hereby consents to the request by, and disclosure to, DHT of such information.

14. Privacy Policy:

Personal information from Customers is collected, used and disclosed in accordance with the Privacy Policy which is available on this site. By accepting these Terms and Conditions, you consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads.

15. Limitation of Liability:

In addition to the foregoing, DHT WILL NOT BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY FOR:

(i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES (INCLUDING DEATH), RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH, THE USE OF SERVICES BY THE CUSTOMER OR THE PROVISION OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DAMAGE RESULTING FROM OR ARISING OUT OF THE CUSTOMER'S RELIANCE ON OR USE OF THE SERVICE OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELYAS IN OPERATION, TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF THE SERVICES; AND

(ii) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES OR CISTS (INCLUDING LEGAL FEES) RESULTING DIRECTLY OR INDIRECTLY OUT OF OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT OR OTHER PROCEEDING BASED UPON A CLAIM THAT THE USE OF THE SERVICES BY THE CUSTOMER OR A THIRD PARTY INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

This limitation applies to the acts, omissions, negligence, and gross negligence of DHT it's employees, agents, and representatives which, but for this provision, would give rise to a cause of action against DHT in agreement, tort or otherwise.

16. Indemnity:

By using the Site you agree to indemnify DHT and its affiliates and forever hold them harmless from any and all claims and expenses, including legal fees, arising from your use of this site or the Services and to release DHT and its affiliates from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Services.

17. Arbitration:

You agree that any dispute arising under these Terms and Conditions shall be resolved by binding arbitration in accordance with the provisions of the applicable legislation in force in the province/state in which the Customer's service address is located.

18. Assignment:

The rights, duties and obligations contained in this Agreement cannot be assigned or transferred by you without the written consent of DHT. DHT may assign this Agreement and all obligations hereunder without your consent.

19. Non-waiver:

The failure of DHT or any of its affiliates to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such rights or provisions. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, DHT and the Customer agree that the remainder of the Terms and Conditions shall remain in full force.

20. Security of Communications:

You acknowledge that any unprotected email or other communication (including your actions or communications related to any Services) over the Internet is not secure and confidential, is subject to possible interception or loss, and is also subject to possible alteration. You accept sole responsibility for the security and confidentiality of all electronic communications between you and DHT.

21. Force Majeure:

Under no circumstances shall DHT be liable for any delay or failure in performance of the Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, fires, severe weather conditions, acts of God, war, orders of domestic or foreign courts or tribunals, or non-performance by third parties.