Terms and Conditions 2018-03-06T16:10:32+00:00

Last update: 2/22/2018

THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF ATS DIGITAL SERVICE’S COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH ATS DIGITAL SERVICES. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE ATS DIGITAL SERVICES SERVICE.

“AGREEMENT” TO THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED ORDER or PLAN ORDER SUBMITTED BY YOU, THE ACCEPTABLE USE POLICY (“AUP”) AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND ATS DIGITAL SERVICES (THE “AGREEMENT”).

 

You must agree to the Terms and Conditions in order to obtain Services (defined below). If you choose not to submit an Order or Plan Order, then the entire “Agreement” between you and ATS Digital Services consists of these Terms and Conditions, and the AUP and the Privacy Policy.

 

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and AUP and are incorporated by reference to these Terms and Conditions.

 

“YOU” “You” means you individually, any person, including any employer that you are acting on behalf of.

 

“ATS DIGITAL SERVICES” “ATS Digital Services” is the service mark of ATS Digital Services. All references to ATS Digital Services refer to ATS Digital Services.

 

“SERVICES” All references to “Services” refer to any ATS Digital Services service plan that you enter into with ATS Digital Services. These Terms and Conditions govern all plans available through the ATS Digital Services, and any use of the ATS Digital Services Services. In the event of any conflict these Terms and Conditions control any Order or Plan Order form that you submit requesting Services (“Plan Order”).

 

“MATERIALS” “Materials” means any webcasts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the ATS Digital Services website and said materials are the proprietary and copyrighted work of ATS Digital Services and/or its suppliers. The definition of “Materials” does not include the design or layout of the Atsdigitalservices.com website or any other ATS Digital Services owned, operated, licensed or controlled site.

 

“SOFTWARE” “Software” means a computer program of any kind, whether owned by ATS Digital Services or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws.

 

SUBMISSION OF ORDERS OR PLAN ORDERS; SERVICE PLANS

You may order Services by submitting Orders or Plan Orders through the ATS Digital Services web site or via telephone with an ATS Digital Services sales representative or technician. Once ATS Digital Services accepts the Order or Plan Order submitted by you, then you will receive an email from ATS Digital Services at the email address that you provide or have provided to ATS Digital Services as part of the Registration Process for the Services. ATS Digital Services is not responsible for rendering Services in connection with any Order or Plan Order that it has not accepted. Upon acceptance by ATS Digital Services of a Plan Order, you will have a Service Plan.

 

UNDERTAKING

Subject to the Terms and Conditions, and the specifics of each Service Plan, ATS Digital Services will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, ATS Digital Services will attempt problem diagnosis and a solution over the telephone, through a remote assistance session, through chat or email, or other means as it deems most appropriate under the circumstances. All undertakings under Service Plans are subject to ATS Digital Services Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1-800-978-4501.

 

PRICE CHANGES

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.  Except as otherwise expressly provided for in these Terms of Use, and price changes to your service will take effect following email notice to you.

 

PAYMENT

Services against any Order or Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Order or Plan Order. ATS Digital Services has no obligation to render Services under any Service Plan if the payments as required under any Order or Plan Order have not been made.

 

MONEY BACK POLICY

ATS Digital Services, services are delivered on an integrated delivery platform, which allows us to support your computer(s) remotely. The services we provide may not be successful because the problem you are experiencing may be beyond our ability to resolve remotely or and/or may be due to an irreparable software and/or hardware issue. If for any reason you are not wholly satisfied with the service, we will make commercially reasonable efforts to resolve the issue to you satisfaction. If you are still not satisfied with the service, we offer a money back policy as follows: 1) for our subscription-based plan the Money-Back Guarantee is valid for 30 days, beginning at the time of purchase. 2) For our incidental / “One Time Fix” Orders, the Money-Back Guarantee is valid for 30 days, beginning at the time of 1st Incident.

PRIVACY POLICY

The ATS Digital Services Privacy Policy, which is an integral part of these Terms and Conditions, is incorporated here by reference. If you have not yet reviewed the ATS Digital Services Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personal Information identified in the Privacy Policy, any information or data disclosed or sent to ATS Digital Services over the telephone, electronically or otherwise, is not confidential or proprietary to you.

 

ACCEPTABLE USE POLICY (AUP)

The ATS Digital Services Acceptable Use Policy is an integral part of these Terms and Conditions and is incorporated here by reference. If you have not yet reviewed the ATS Digital Services AUP, then please do so prior to agreeing to these Terms and Conditions. You agree that your use of the ATS Digital Services Services, and/or any Materials will conform to and be governed by the AUP specifically, as well as these Terms and Conditions and the Privacy Policy generally.

 

COMMUNICATIONS SERVICES

ATS Digital Services may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with ATS Digital Services employees and others as appropriate to your Service under an Order or Plan Order (each a “Communication Service” and collectively “Communication Services”). Communications Services shall only be used under an accepted Order or Plan Order, and not for any other purpose.

 

LIMITED LICENSES TO USE THE ATS DIGITAL SERVICES WEBSITE, MATERIALS AND SOFTWARE

As permitted through a Service, you may use Materials and Software (as defined below) posted on the ATS Digital Services website, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

 

GENERAL LICENSE RESTRICTIONS

Any other use of the ATS Digital Services website, Services, Materials or Software, other than as explicitly permitted by ATS Digital Services is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to ATS Digital Services and its suppliers.

 

USER RESPONSIBILITY

In connection with obtaining Services, you agree that you will:

Cooperate with the ATS Digital Services Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and our technician. Please listen carefully to our technician and follow the technician’s instructions. You must confirm that the following conditions are true:

  1. 1.1 The situation giving rise to the question is reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
  2. 1.2 You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
  3. 1.3 The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with ATS Digital Services personnel.

Software/Data Backup: You understand and agree that ATS Digital Services shall under no circumstance be responsible for any lost or corrupted software or data. ATS Digital Services strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.

Account, Password, and Security: For you to submit a Order or Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You may also be asked to choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify ATS Digital Services immediately of any unauthorized use of your account or any other breach of security. ATS Digital Services will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ATS Digital Services or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

 

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES

You hereby acknowledge that circumstances outside of ATS Digital Services reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in ATS Digital Services ability to schedule a support session. You hereby release ATS Digital Services from any and all liability, and agree that ATS Digital Services shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. ATS Digital Services or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM “SERVICES”

“Services” shall not include the following:

Any item or activity not covered by the terms of a Order or Plan Order;

Service beyond the duration limitations identified in your Order or Plan Order;

Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;

Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;

Problems that may and do result from:

  1. 5.1 External causes such as accident, abuse, misuse, or problems with electrical power;
  2. 5.2 Usage that is not in accordance with product instructions provided by manufacture;
  3. 5.3 Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance;
  4. 5.4 Problems caused by using accessories, parts, or components not compatible with the product: or
  5. 5.5 Non-Compliance with the ATS Digital Services engineer instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE ATS DIGITAL SERVICES PORTAL, OR THROUGH A SERVICE

For your convenience, ATS Digital Services may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions. The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No logo, graphic, sound or image from any ATS Digital Services Web site may be copied or retransmitted unless expressly permitted by ATS Digital Services. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

END USER LICENSE AGREEMENTS (EULA) – GENERAL

In connection with our Service, we may provide to you certain software, which is owned by ATS Digital Services or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose.

The Software may be accompanied by a EULA from ATS Digital Services or a third party. Your use of the Software is governed by the terms of both that license agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

EULA FOR ATS DIGITAL SERVICES SOFTWARE

With regard to any Software made available to you by ATS Digital Services through the ATS Digital Services website for which your acceptance of a separate license agreement is not required (“ATS Digital Services Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by ATS Digital Services to use the ATS Digital Services Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the ATS Digital Services Software. You agree that the ATS Digital Services Software is the confidential and proprietary information of ATS Digital Services or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the ATS Digital Services Software, or otherwise reduce the ATS Digital Services Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the ATS Digital Services Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the ATS Digital Services Software. You acknowledge that this license is not a sale of intellectual property and that ATS Digital Services or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the ATS Digital Services Software and related documentation, as well as any corrections, updates and upgrades. The ATS Digital Services Software may be used in the United States only, and any export of the ATS Digital Services Software is strictly prohibited.

THIRD PARTY SOFTWARE

As part of the Services, ATS Digital Services may suggest that you acquire, install and use certain third party software (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether or not ATS Digital Services directly assists you in the acquisition, installation, and/or use of Third Party Software. ATS Digital Services has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

Your license to the ATS Digital Services Software shall remain in full force and effect unless and until terminated by ATS Digital Services, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the ATS Digital Services Software and immediately delete the ATS Digital Services Software from your computer.

To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

THIRD PARTY AGREEMENTS

As part of the Services, ATS Digital Services may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that ATS Digital Services may elect to make available from time to time. Violation of such third party provider’s terms of service may, in ATS Digital Services sole discretion, result in the termination of your customer account and use of service.

LIMITED SERVICE WARRANTY

ATS DIGITAL SERVICES DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW ATS DIGITAL SERVICES TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.

ATS DIGITAL SERVICES SERVICE PLANS COME WITH A 7- DAY, 30- DAY, 60- DAY OR 90-DAY AND 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION.

ATS DIGITAL SERVICES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. ATS DIGITAL SERVICES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ATS DIGITAL SERVICES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME. IN NO EVENT SHALL ATS DIGITAL SERVICES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary, in no event shall ATS Digital Services be liable to you in excess of the amounts actually paid by you to ATS Digital Services under the Plan Order that is the subject of the dispute.

LIMITATIONS ON ACTIONS

Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION

ATS Digital Services at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of ATS Digital Services:

  1. (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
  2. (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, ATS Digital Services network, or the use and enjoyment of ATS Digital Services other users;
  3. (c) ATS Digital Services receives an order from a court to terminate the Service you are using ;
  4. (d) if ATS Digital Services for any reason ceases to offer the Service;
  5. (e) if you are no longer a ATS Digital Services customer, or
  6. (f) ATS Digital Services determines that you are abusing the Service.

ATS Digital Services, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

SEVERABILITY; WAIVER

If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. ATS Digital Services failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

NO OFFER

The ATS Digital Services service is available internationally and may contain references to ATS Digital Services products, services, and programs that are not available in a viewer’s country. These references do not imply that ATS Digital Services intends to make such products, services, or programs available in such country.

MODIFICATION

ATS Digital Services reserves the right to amend the Terms and Condition, and the ATS Digital Services Portal at any time by (a) posting a revised version of the Terms and Conditions on the ATS Digital Services website, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to ATS Digital Services in connection with registration. You are responsible for regularly reviewing the ATS Digital Services website to be notified of any amendments to the Terms and Conditions. Your use of the ATS Digital Services Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.

LAW; FORUM

This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the state of Florida without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. on.

ARBITRATION

Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in Broward County, Florida and shall be conducted in English.

CUSTOMER’S REPRESENTATIONS AND WARRANTIES

YOU ARE IN NEED OF THE SERVICES REQUESTED AND YOU ARE NOT A COMPETITOR OF ATS DIGITAL SERVICES POSING AS A CUSTOMER FOR THE PURPOSE OF OBSERVING ATS DIGITAL SERVICES’S PROPRIETARY SERVICES; YOU ARE THE OWNER OF AND RESPONSIBLE FOR THE COMPUTER AT ISSUE AND YOU HAVE THE AUTHORITY TO REQUEST ATS DIGITAL SERVICES SERVICES; YOU WILL NOT ATTEMPT TO UPLOAD MALWARE OR MALICIOUS CODE TO ATS DIGITAL SERVICES’S SYSTEM OR COMPUTERS; AND YOU HAVE NOT ACCESSED AND THERE IS NO CHILD PORNOGRAPHY STORED ON THIS COMPUTER, AND YOU UNDERSTAND THAT IF THIS REPRESENTATION IS FALSE, YOU HAVE NO EXPECTATION OF PRIVACY REGARDING SUCH ILLEGAL ACTIVITIES OR MATERIALS.