D‑Link Assist Service (DAS)

Fee‑based Services End‑User Terms and Conditions

As of: May 7th, 2019


Contents

  1. Introduction
  2. Scope of Services
  3. Conditions of Service
  4. Changes
  5. Exclusion
  6. End-User’s Duty to Cooperate
  7. Out of scope services
  8. Term of the Agreement
  9. Operation of the DAS Service
  10. Warranties and liability
  11. Intellectual Property and Confidentiality
  12. Severability
  13. Jurisdiction
  14. Data Protection and Privacy Notice

1. Introduction

1.1. These are the terms of supply for the D-Link Assist rapid response support services (the "DAS Services"). The DAS Services are available in respect of D-Link products: (a) purchased from authorized European D-Link resellers; (b) with a valid D-Link serial number; and (c) for which there is a valid receipt or proof of purchase (a "D-Link Product").

1.2. The DAS Services are available to purchase from authorized third party European D-Link resellers and distributors. The DAS Services provide fast-response technical support to end users, enabling them to continuously operate D-Link Products covered under the terms of the DAS Services. End users purchase of the DAS Services is subject to these Terms and Conditions and by placing an order for the DAS Services end users agree to be bound by them.

1.3. Throughout this document the term “D-Link” may refer to D-Link (Europe) Limited of First Floor, Artemis Building, Odyssey Business Park, West End Road, South Ruislip, England, HA4 6QE (registered number 03062020) with VAT No. GB 662 8807 06, any of its subsidiaries and/or any of D-Link (Europe) Limited's contracted third party resellers.

1.4. D-Link reserves the right to change these terms at any time and at their sole discretion. Any changes will be effective upon the posting of such changes to the D-Link website eu.dlink.com or upon receipt of an email with the changes. Where you have already purchased the DAS Services, the terms that applied at the time you purchased will be the terms that apply. You should keep a record of the relevant terms and conditions.

2. Scope of Services

2.1. The DAS Services are designed to restore the functionality of faulty D-Link Products through a method determined by D-Link, within a fixed period of time. This may be achieved by product replacement, remote firmware upgrade, and when applicable, ensuring the visibility of a covered D-Link Product on the end-user’s network. The DAS Services do not include re-installing any end-user client configurations.

2.2. The DAS Services are made available by way of a package (the "DAS Services Package"). The DAS Services included with a DAS Service Package vary by:

2.2.1. The response time indicated on the specific DAS Service Package purchased; and

2.2.2. The D-Link Products covered under the service contract issued with the DAS Services Package (the "DAS Services Contract").

2.3. The DAS Services only apply to D-Link Products that are used exclusively within Europe (see section 2.12 below for the list of European Countries covered by the DAS Services). Such D-Link Products must be registered with D-Link and will be listed in the DAS Services Contract issued by D-Link.

2.4. Depending on the technical defect of a D-Link Product, the DAS Services may include any of the following services as determined solely by a D-Link Customer Service Team: remote diagnosis, error removal, upgrade of a recommended firmware or provision to replace product for the products included in the service contract.

2.5. End users may use DAS Services in respect of eligible D-Link Products that are found to be "Dead on Arrival" (as defined in the D-Link Return Materials Authorization (RMA) Replacement Policy). However, D-Link do not guarantee to replace Dead on Arrival D-Link Products with new D-Link Products, but may instead exchange Dead on Arrival D-Link Products with a refurbished D-Link Product, in accordance with the DAS Services.

2.6. From the time that a confirmation and DAS Services Contract are sent to the end-user and within the restrictions of section 2.3 above, D-Link shall require two (2) business days fully register and set-up the end user on its DAS Services system. Only from such time forward may the end-user use the DAS Services or claim for any support and/or service included with the DAS Services.

2.7. End users shall register all DAS Services requests centrally with D-Link via its web-based Self Service Portal or by contacting the D-Link Customer Service Team in the region that the D-Link Product is installed.

2.8. The DAS Services are available nine (9) hours a day, five (5) days a week, with a four (4) hour service response time as defined at section 2.9 below. D-Link will dispatch and deliver replacements for faulty D-Link Products as per logged call reports provided by the D-Link Customer Service Team. This delivery service is available within normal hours of business operation between 08:00 and 17:00, Monday to Friday (excluding public holidays).

2.9. End users with DAS Service Packages which include a 4-hour support response time can expect the following processes to take effect from the time when a D-Link Product failure is reported, within the time periods set out at section 2.8 above:

2.9.1. D-Link will ensure that the fault is identified and the best outcome is arrived at via the D-Link Customer Service Team. The D-Link Customer Service Team will need to communicate with a technically competent person at the end-user’s site. Once instructed through the D-Link Self Service Portal and put in contact with a technically competent person at the end user's site, the D-Link Customer Service Team will aim to complete failure identification within 1 hour.

2.9.2. The 4 hour response time will be deemed to have commenced once the fault has been diagnosed by the D-Link Customer Service Team or after 1 hour from the first report of a failure by an end-user through the D-Link Self Service Portal whichever be the earliest.

2.9.3. If a replacement is required then the replacement product will be dispatched to the location specified by the end user at the time of activation. If the fault is diagnosed as firmware based, the updated firmware shall be delivered by making it available on D-Link’s FTP server or by sending it to the end-user via e-mail to the e-mail address specified by the end-user, at the time of registration.

2.10. If a D-Link Product covered by a DAS Services contract fails, and remote fault rectification is not possible, immediate measures shall be taken to dispatch the replacement equipment to the location specified by the end user at the time of activation within the contractually agreed response time following the DAS Services request.

2.11. End users may also pay to extend the standard warranty period on D-Link Products by three years, via the DAS Services. This extension of the standard warranty period on D-Link Products does not include the support coverage outlined above.

2.12. D-Link will not be liable to end users for any failure or delay in performing its obligations under a DAS Services Contract which arises because of any circumstances which it cannot reasonably be expected to control (which shall include Act of God, explosion, flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving personnel of the D-Link or a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery or breakdown in machinery, or interruption or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing). In such circumstances, D-Link may request an appropriate postponement of the DAS Services deadlines and a reasonable restart period. D-Link shall inform the end user in writing immediately of the expected duration of the suspension and the intended procedure for reinstatement following the end of the service-impairing event.

2.13. The DAS are only available in Europe and are limited to the following countries: Austria, Belgium, Czech Republic, Denmark, Finland France, Germany, Hungary, Ireland, Italy, Luxemburg, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Spain, Sweden, Switzerland, United Kingdom, and The Vatican. The DAS Services may not be available in certain areas in these countries, such as islands, remote mountain regions, as well as any other regions, areas, or buildings that are generally difficult to access (Please refer to www.dlink.com/ support or call your local D-Link office for additional information). The end-user must determine whether or not D-Link can fulfil the service in a given area or region before purchasing DAS Services.

3. Conditions of Service

3.1. The contractual relationship between the end-user and D-Link is based on the following documents:

3.1.1. These Terms and Conditions.

3.1.2. The DAS Services Contract issued electronically by D-Link on the activation of a DAS Services Package that lists the exact equipment with serial number(s) and location(s) that D-Link is to service under the DAS Service Package purchased.

3.2. When D-Link Products are purchased from sources other than D-Link, such a purchase shall constitute a separate agreement between the two contracting parties that shall have no bearing on these Terms and Conditions.

3.3. DAS Services are only provided for registered D-Link Products, at the end user’s location as indicated in their registration documentation except in the circumstances outlined in Section 4 of these Terms and Conditions.

3.4. All DAS Service Packages must be activated within sixty (60) days of purchase otherwise the service pack will expire and become invalid. DAS Service Packages can only be activated against D-Link Products purchased in the last ninety (90) days. Registration of D-Link Products and activation of DAS Service Packages must be completed via the D-Link Self Service Portal.

3.5. DAS Service Packages can be purchased for three (3) or five (5) year terms. Three (3) year DAS Service Packages may be renewed for another three (3) year term, in accordance with section 3.6 below. The maximum term for a DAS Service Package is six (6) years from the invoice date of the purchase of the associated D-Link Product(s).

3.6. A three (3) year DAS Services Package may be renewed during the period starting three (3) months before the end of the existing package term, until the end of the first month following expiry of the initial DAS Services Package term. If the End-User does not renew the package during this period, it is assumed that the end user has elected not to renew their DAS Service contract.

4. Changes

4.1. The electronic DAS Services contract (which forms part of these Terms and Conditions as per section 3.1.2), specifies the D-Link hardware, software, and the applicable locations for which D-Link shall provide the DAS Services.

4.2. If the end user wishes to operate equipment listed in the DAS Services contract from a different location, they must inform D-Link in advance, in writing and with no less than thirty (30) business days’ notice. However, such notice of change shall not be deemed to have been accepted by D-Link until confirmed in writing by D-Link to the end user. Written communication in respect of this clause may include e-mail, postal or courier delivered mail.

4.3. The end user shall bear all expenses and follow-up costs in connection with a change in location.

4.4. With regard to changes to location communicated by the end user, D-Link shall be entitled to terminate the DAS Services Contract if the new location of the device or software cannot be reached within the DAS Services guaranteed response time.

4.5. If there shall be a change of ownership of the products covered by the DAS Services Contract other than by acquisition through a legal purchase or takeover of the end-user’s business or trade, the DAS Services Contract shall become immediately null and void.

5. Exclusion

5.1. The following shall be excluded from the DAS Services:

5.1.1. Any D-Link Product that is not registered against an activated DAS Services Package;

5.1.2. Measures to remove faults or damage resulting from incorrect operation or other improper handling;

5.1.3. Analysis and remedy of errors caused by installed equipment that is not covered under a DAS Services Contract;

5.1.4. Faults caused by incorrect repairs carried out by persons not authorized by D-Link, or damage caused by any person at the end user’s IT/TC facility. This is particularly true of any modifications and changes to hardware/software, attempted repairs, and improper cleaning;

5.1.5. Damage and/or faults caused by external factors, such as incorrect restart following power outage or willful damage to property;

5.1.6. Damage and/or faults caused by unusual physical, chemical, electrical, or thermal loads;

5.1.7. Damage and/or faults caused by effects stemming from installations, devices, or accessories not included in the DAS Services Contract;

5.1.8. Service for D-Link Products whose location has been changed without the advance notification to D-Link and without D-Link’s written acceptance of the change of location (see Section 4 of these Terms and Conditions);

5.1.9. Assembly and removal of expansions, accessories, options, and/or additional equipment as well as consumables (e.g., batteries, data carriers, etc.

5.1.10. Re-installing the end user’s own client configurations.

5.1.11. Re-instatement or recovery of lost end-user data. It is the end user’s entire responsibility to ensure that all end user data is secure and backed-up prior to a DAS Service intervention.

5.1.12. D-Link Product failures which occur prior to the purchase of a DAS Services Package.

5.1.13. D-Link Products purchased more than ninety (90) days before the commencement of a DAS Services contract; and

5.1.14. DAS Services Packages activated more than sixty (60) days after its purchase.

5.1.15. If it is found during or after replacement of D-Link that the fault was caused by one of the aforementioned issues, the end-user shall be obligated to pay D-Link an appropriate fee based on standard rates, time and material costs, even if D-Link will not carry out such work.

6. End-User’s Duty to Cooperate

6.1. End users agree to grant consent to receive communication from D-Link via but not limited to electronic, printed, and other methods communications relating to their DAS Services Contract or the D-Link Product(s) purchased. The end user has the right to be removed or refine the communication they receive but by doing so accepts that certain service levels under the DAS Service Contract may be lost or severely restricted as a result.

6.2. At the request of D-Link, end user shall assign a responsible person as a contact for the DAS Services support calls, whether relating to service requests or otherwise.

6.3. The end user shall assign appropriately trained personnel to use and maintain their D-Link Products which are covered by DAS Services.

6.4. The end user shall take all necessary and reasonable measures to facilitate the identification of errors with D-Link Products and their causes. The end user shall notify D-Link of any faults covered by the DAS Services Contract immediately or as soon as practicable after discovery of any such fault. The end user shall provide D-Link with a detailed error description and cooperate in any subsequent requests for information by D-Link so as to obtain full information.

6.5. If a remote diagnosis by D-Link is required to perform the DAS Services in connection with the D-Link Products concerned, the end user shall provide, at their expense, the personnel, technical, and organizational prerequisites for such remote diagnosis.

6.6. If it is necessary to implement a different firmware on any replacement D-Link Product, such software will be supplied on the D-Link FTP server / website or via e-mail to the e-mail address specified by the end user at the time of registration. The end user shall provide the personnel, technical and organizational prerequisites necessary to receive such software and to implement it on the D-Link Products immediately.

6.7. The end user shall undertake to test the functionality of the affected D-Link Products to the best of their knowledge and ability before submitting a service request and report to D-Link. If, after a replacement product has been supplied, a functional test of the product returned by the end-user shows the product to be functioning to standard D-Link specification, D-Link reserves the right to document the costs incurred in connection with the replacement service rendered and to invoice such costs to the end user.

6.8. Replacement units supplied under a DAS Services Contract will be new or a refurbished D-Link Product equivalent to new in performance. Any replaced parts or D-Link Products become the property of D-Link at the point of replacement and must be returned to D-Link or their authorized service partner. D-Link may charge the end-user at the list price value for replaced parts or D-Link Products that are not returned as required.

7. Out of scope services

7.1. Services rendered that are outside of the scope of the DAS Services Contract, as well as any additional personnel, travel, accommodation, and material costs, will be invoiced independently of the purchase price of the DAS Services Package in accordance with such rates as are in effect at that time.

7.2. If D-Link are required to return to the end user’s location due to unavailability of the required end- user personnel or an unwillingness or inability to receive the DAS Services as outlined in Section 6 of the Terms and Conditions, D-Link or its authorized service partner shall invoice the enduser for any additional costs incurred, independently to the DAS Services Package in accordance with the prevailing administrative and courier expense rates that are in effect at the time.

8. Term of the Agreement

8.1 These Terms and Conditions shall apply for duration of the end users DAS Services Package (as set out in section 3.5 and 3.6).

8.2. Either party may terminate the DAS Services Contract, by giving the other thirty (30) business days' written notice if:

8.2.1. the other materially breaches any term of these Terms and Conditions and it is not possible to remedy that breach;

8.2.2. the other materially breaches any term of these Terms and Conditions (which, in the case of the end user, shall include non-payment of any invoiced amount that is properly due and owing) and it is possible to remedy that breach, but the other fails to do so within 30 days of being requested in writing to do so;

8.2.3. the other becomes insolvent, makes composition with its creditors, has a receiver or administrator of its undertaking or the whole or a substantial part of its assets appointed, or an order is made, or an effective resolution is passed, for its administration, receivership, liquidation, winding-up or other similar process, or has any distress, execution or other process levied or enforced against the whole or a substantial part of its assets (which is not discharged, paid out, withdrawn or removed within 28 days), or is subject to any proceedings which are equivalent or substantially similar to any of the foregoing under any applicable jurisdiction, or ceases to trade or threatens to do so; or

8.2.4. the other is delayed in performing its obligations under these Terms and Conditions under clause 2.11 for a period of 60 days or more.

8.3. D-Link may terminate the DAS Services Contract by giving the end user thirty (30) business days' written notice if the end user is in persistent or repeated breach of any of its obligations under these Terms and Conditions (whether or not it is the same obligation that is breached and whether or not such breaches are remedied.

8.4. If D-Link terminates the DAS Services Contract for good cause, or if the end-user terminates the DAS Services Contract prior to the expiry of the agreed minimum term, there shall be no obligation for D-Link to refund any proportion of the DAS Services Package cost.

9. Operation of the DAS Service

9.1. If the end user identifies a malfunction in a D-Link Product covered under a DAS Services Contract, they shall report the problem to the relevant D-Link Customer Service Team or register the issue via the D-Link Self Service Portal. From such time, D-Link will take the necessary steps to remove the defect in accordance with these Terms and Conditions.

9.2. If it is necessary to replace a hardware D-Link Product, D-Link Customer Service Team will dispatch a replacement product after identifying the hardware defect. It is from this time forward that the response time defined in the DAS Services Contract shall apply (see section 2.9 above). The replacement D-Link Product shall be delivered to the location specified by the end user in the DAS Services Contract. D-Link Product software shall be delivered by making it available on the FTP server of D-Link or by sending it to the end-user by e-mail to the e-mail address specified by the end user at the time of registration. D-Link shall attempt to provide the end user with a D-Link Product of similar design and operational parameters. However, D-Link reserves the right to supply the end user with a device that is identical in the substantial technical parameters even though this may be by providing a product of a different class or design.

9.3. D-Link will cover the cost of shipping the replacement device to the end-user location specified in the DAS Services Contract.

9.4. Upon expiry of the covered D-Link Products lifespan (End of Life), and whilst the DAS Services Contract is still in place, D-Link also reserves the right to supply or use replacement D-Link devices and/or software of identical functional quality.

10. Warranties and liability

10.1. The entire replacement process for hardware shall be completed within the term of the DAS Services Contract acquired. D-Link Products replaced under this service contract shall continue to be subject to the original service period, i.e. replacement with a new or refurbished device shall not extend the service period.

10.2. D-Link shall not be obligated to replace D-Link hardware if a fault is caused by (a) operation or handling of a D-Link Product that is not in accordance with the written requirements of D-Link supplied with the original purchase, (b) the end user or other third party, whether on behalf of an end user or not, making changes to a D-Link Product without the prior approval of D-Link, (c) the connection of the device under the service agreement to other devices by means of an interface that does not meet the specifications or does not meet the terms and conditions of use or connectivity, (d) or changes made by a third party that has not been authorized by D-Link for such purpose.

10.3. Upon notification of a fault as outlined in 9.1 above, D-Link will begin the troubleshooting process via its technical personnel and provide the end user with assistance in resolving the faults. The end user shall follow such recommendations in order to reduce the probability of a reoccurrence of a similar error, and to minimize the necessity of sending a replacement product to the end user’s site.

10.4. The replacement or installation process for D-Link software shall be completed within the term of the DAS Services Package purchased. Software replaced under a DAS Services Package shall continue to be subject to the original service period specified thereunder, i.e., replacement with new software shall not extend the service period.

10.5. D-Link shall not be obligated to correct software errors if they are caused by: (a) the end user’s failure to comply with the terms and conditions of the relevant D-Link software license, (b) integration with other software or hardware without the prior approval of D-Link, (c) the end user’s failure to handle the software properly and/or in accordance with the manufacturer’s user instructions, (d) an intervention of a third party that has not been authorized by D-Link for such purpose, (e) or changes made to the software that have not been approved by D-Link.

10.6. Other Provisions

10.6.1. Any defects or errors that occur during the warranty period shall be remedied by D-Link. There shall be no warranty to such extent as the end user themselves modify a D-Link product or caused a third party to modify a D-Link Product if it cannot be ruled out that such modifications caused the defect.

10.6.2. End user’s own maintenance, changes, or input of user data by personnel of the end user or by a service provider commissioned by the end-user shall result in the loss of warranty claims and service coverage if any such actions are the cause of product or software failure.

10.7. D-Link and its agents will make all reasonable efforts to deliver the replacement product to the end user’s premises to effect service under the provisions of the DAS service purchased. It shall not form part of these Terms and Conditions that failure to attend, for whatever reason, shall give rise to any form of claim against D-Link or its agents. Except as expressly set out in these Terms and Conditions, no implied conditions, warranties or other terms, including any implied terms relating to satisfactory quality or fitness for any purpose, will apply to D-Link Products or to anything supplied or provided by D-Link under a DAS Services Contract or these Terms.

10.8. Nothing in these Terms and Conditions shall exclude or limit D-Links liability: (a) for death or personal injury caused by its negligence; (b) for fraudulent misrepresentation or for any other fraudulent act or omission; (c) for breach of any statutorily-implied term as to title to the D-Link Products; (d) under Part I of the Consumer Protection Act 1987; or (e) for any other liability which may not lawfully be excluded or limited.

10.9. Subject to section 10.7, D-Link shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise, for any: (a) loss of profit; (b) loss of sales, turnover, revenue or business; (c) loss of customers or contracts; (d) loss of or damage to reputation or goodwill; (e) loss of opportunity; (f) loss of anticipated savings; (g) loss or waste of management or other staff time; or (h) indirect, special or consequential loss; arising under or in connection with these Terms and Conditions or a DAS Services Contract, whether or not such loss was foreseeable or if D-Link was advised of its possibility.

10.10. Subject to section 10.9, D-Link shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise, for any loss, damage, expense or liability incurred or sustained as a result of:

10.10.1. the use of any D-Link Product except for its normal intended purpose;

10.10.2. any adaptation, modification or repair of any D-Link Product, or integration or combination with any other product or material not supplied by D-Link, in each case carried out by anyone other than D-Link or without D-Link's express written consent.

10.10.3. any defect arising in any D-Link Product as a result of fair wear and tear, or misuse, willful damage, negligence on the part of anyone other than D-Link, or abnormal storage or working conditions;

10.10.4. the compliance by D-Link with any design, specification or instructions provided by or on behalf of an end user; and/or

10.10.5. any materials provided by on behalf of an end user.

10.11. Subject to sections 10.8 and 10.9, D-Link's total liability to end users arising under or in connection with these Terms and Conditions, or a DAS Services Contract or its subject matter and to anything which it has done or not done in connection with the same, whether in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise, shall be limited, in aggregate for all claims arising, to all amounts payable (whether or not yet paid) by the end user under the DAS Services Contract.

10.12. The above disclaimers and limitations regarding liability shall be governed by the applicable laws of the country in which the end users DAS Product(s) were purchased.

11. Intellectual Property and Confidentiality

11.1. All intellectual property rights in D-Link Products, their design, manufacture, labelling and packaging, are reserved to D-Link or its licensors. End users shall not remove, alter or obscure any intellectual property rights acknowledgment or marking included by D-Link on D-Link Products, their labelling or packaging.

11.2. End users shall undertake not to reproduce or make independent changes to the D-Link Products without the express and written approval of D-Link. The end user shall indemnify D-Link against all losses and liabilities suffered or incurred by D-Link arising as a result of any claim of infringement of any third party's intellectual property rights resulting from the end users use, possession, reproduction or independent changes made to the form or specification of any D-Link Product.

11.3. End users shall maintain and preserve all confidential and commercially sensitive information concerning D-Link, its business and the D-Link Products (including, without limitation, its price lists), howsoever disclosed to or obtained by the end user, whether orally or in writing and whether or not expressly stated to be confidential or marked as such

11.4. Both D-Link and the end user agree to keep confidential any information that they obtain from the respective other party and not to use, or make accessible to a third party, any such information for the duration and after the expiry of the agreement without the written consent of the party concerned. Subsidiaries or affiliated companies of the respective contracting party shall not be deemed third parties in the context of this agreement.

11.5. Section 11.4 shall not apply to information that, upon receipt, was already known, is published without violating confidentiality obligations or that is passed on in compliance with statutory provisions on disclosure. If information is passed on in the latter case, D-Link shall inform the end user in writing immediately.

12. Severability

Should any provision(s) of these Terms and Conditions be or become ineffective or void, the validity of the remaining provisions shall in no way be affected. The parties shall replace such ineffective provision with a relative provision that comes as close as possible to the economic purpose of such ineffective provision and that they would have agreed if they had known of its ineffectiveness.

13. Jurisdiction

These Terms and Conditions are governed by English law. The parties submit to the exclusive jurisdiction of the courts in the country in which the DAS Services are purchased in relation to any dispute, but the D-Link is also entitled to apply to any court worldwide for injunctive or other remedies in order to protect or enforce its intellectual property rights and/or confidential information.

14. Data Protection and Privacy Notice

D-Link collect and use personal data in accordance with D-Link's Data Protection and Privacy Notice.