DPL America Terms of Service

Terms of Service

These “Terms of Service” as well as any schedules attached to these Terms of Service (“Schedules”) represent the entire Agreement (“Agreement”) between you (the “Customer”, “I,”, “me,” “your” and “you”) and DPL America(“DPL”, “we”, “us” and “our”). You should review the entire Agreement. All of the parts are important and together create a legal agreement that applies to you once signed by the Customer. DPL relies upon your word that you have reached the legal age of majority and that the person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. Both DPL and Customer agree that the use of electronic signatures, whether digital or encrypted, are intended to authenticate this writing and to have the same force and effect as manual signatures. Your account information may, from time to time, be disclosed to employees of DPL America in order to service your account and/or respond to your questions.

Note: ELDs (Electronic Logging Devices) are governed by a different Terms of Service which must be filled out and executed in hardcopy format. The Terms of Service detailed on this page, www.dpltel.com/terms-of-service, do NOT apply to ELDs.

Definitions:
• “Device” or “Devices” – any type of wireless telecommunications device or hardware sold by DPL America.
• “Application” or “Applications” – any type of software, web sites/portals and mobile resources.
• “Service” or “Services” – any type of Electronic communications with Devices which includes the wireless telemetry messaging, communications to/from data centers and communications to/from the Customer and/or third-parties.
• “Plan Charge” or “Plan Charges” – the monthly communication fee(s) for your Services.
• “Hardware Charge” or “Hardware Charges” – the purchase fee(s) for Devices and/or Hardware.
• “Month to Month Agreement” or “Month to Month Agreements” – the default agreement for Devices purchased

By entering into these Terms of Service, you:
• Authorize DPL to obtain information about your credit history and agree that DPL may provide information to others about your credit experience with DPL;
• Accept all provisions of these Terms of Service;
• Agree to cause all persons who use your account or with your authorization to comply with these Terms of Service;
• Acknowledge that the acts or omissions of all persons who use your account or with your authorization will be treated for all purposes as your acts or omissions;
• Acknowledge that you have received and/or had the opportunity to review a copy of the DPL Terms of Service;
• Confirm that the information you have provided to us is up-to-date and accurate; and agree to notify us of any change in your information.
General Terms and Conditions:
• This Agreement becomes effective only when DPL has received and approved the Customer’s request for Service.
• All Device ownership is transferred to the customer at the time of purchase.
• You understand and agree that you are bound by these Terms of Service. If you do not agree you must pay any remaining fees as set forth in this Agreement and cease usage of DPL Devices and Services.
• DPL reserves the right to change the Agreement or Plan Charges by giving you at least 30 days’ prior notice in writing of the change. Notice may be provided by including it on your invoice, by sending it to you via email, or by any other reasonable method including hyper-links to the updated documentation on the Internet. Subject to DPL’s right to make changes, no other statements (written or verbal) will change this Agreement. If you elect to refuse a change to this Agreement then you may terminate your Services with DPL following the guidelines set forth in this Agreement.
• If any part of this Agreement becomes outdated, prohibited or unenforceable, then the remaining Terms of Service will continue to be applicable. If DPL elects to not enforce any part of this Agreement, the Terms of Service remain valid and DPL can elect to enforce it in the future.
• DPL agrees not to disclose, sell or share Customer’s data with any third party without expressed Customer consent.
• Service is available to Customers with units within range of participating wireless service providers, and service may not be available in all areas.
• Scheduled Maintenance Window: As we receive notice of upcoming maintenance, DPL will endeavor to provide reasonable notice of scheduled maintenance or website downtime. Emergency/exception planned outages may occur outside of these existing maintenance windows to mitigate or avert any pending or uncontrolled failures.
• Customer has 30 days from receipt of Devices to return Devices for a full refund on the Hardware Charges, providing that Device is still in good working condition. Customer also agrees to pay the monthly Plan Charges of the trial period in full month increments from time of activation until Customer requests deactivation and returns the units. Customer is responsible for outbound and return shipping costs. Devices returned after 30 days of receipt will be subject to a restocking fee and depending on condition, a repair charge.
• Orders usually ship within 10 days of acceptance via UPS Ground and DPL will notify customer of any delays in shipping within five (5) business days of accepting an order. DPL will not be liable for any delay or failure to deliver Devices.

Rates and Charges:
• The Customer is responsible for payment to DPL of the charges related to the Services and purchasing of Devices/Hardware.
• The Customer is responsible for all applicable taxes and fees (including those not collected by DPL).
• The Customer may authorize payment by check, credit card or ACH/EFT.
• Upon initial power up Devices will automatically activate Service, and Monthly Plan Charges will begin
• Monthly Plan Charges will be invoiced at the end of every month for that month’s Services.
• Plan Charges are in full month increments, there are no prorations.
• For credit card payments, this charge will show up as “DPL America” on your statement.
• Billing and invoices will come from ‘DPL America’: 171 Main Street, Suite 653, Los Altos, CA 94022
• To deactivate or suspend Service for eligible Devices you must email support at: support@dpltel.com or submit a ticket via the Support Portal: https://dpltel.freshdesk.com/support/login
• Refer to Fee Schedule for more information on Discretionary Account and Device Fees.

Warranty & Limitation of Liability:
• DPL does not guarantee uninterrupted Service and shall not be liable to any Customer, user or other person resulting from mistakes, omissions, interruptions, delays, errors in transmission, defects in transmissions, failure to transmit, failures or defects in equipment, or for any other reason including the failure to transmit which is caused by acts of God, fire, explosion, war, riots, strikes, lockouts, picketing, boycotts, acts of government authorities and causes originating in the facilities or any parts of the cellular telephone network. Without restricting the foregoing, in no event will DPL be liable for indirect consequential or economic loss or damage, including loss of profits even if advised of the possibility thereof.
• No credit allowance shall be given for interruptions caused by the Customer’s negligence or by the Customer’s willful acts or for interruptions caused by the failure of Customer’s equipment.
• Installation of Devices is the responsibility of the Customer unless otherwise specified. Customers are accountable for their own safety when installing Devices.
• Warranty: All Devices carry a one year “repair or replace” manufacturer’s warranty against any manufacturing defects, starting from the date of delivery. Customer is responsible for return shipping to DPL America.
• Warranty does not cover loss, physical damage or water ingress. DPL is not liable for the loss of Customer equipment, cash or business transactions. DPL makes no warranty that the Devices or Services will meet Customer’s requirements or be available on an uninterrupted, secure, or error-free basis. DPL’s aggregate liability under this agreement is limited to the price paid for your Device(s).
• The foregoing is DPL’s complete and only liability to the Customer.

Responsible Use of Devices and Services:
• Abuse or misuse of DPL Devices and Services could result in the termination of your Agreement with DPL and/or lead to criminal or civil charges.
• You are prohibited from using, enabling, facilitating, or permitting the use of any DPL Device or Service for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment or in a manner that would breach any law or regulation.
• You are prohibited from adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any Applications or Devices used in connection with DPL for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through DPL or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through DPL.
• The Customer is responsible for obtaining the necessary legal consent(s) from those monitored users who are being tracked and/or monitored by your use and your sub-account holders’ uses of the Device(s) and shall authorize the tracking and/or monitoring of such Device(s) by DPL and its subcontractors. If a monitored user is a minor, you acknowledge that you and/or your sub-account holder have lawful guardianship over such minor and you further acknowledge that you and/or your sub-account holder have the legal right to lawfully monitor a user in the location or locations where the Device(s) is used. The service is not intended to track minors nor to collect information about minors to avoid being in violation of COPPA or any other regulation. You agree to indemnify and hold DPL, its agents, licensees, licensors, and subcontractors harmless from any and all costs and expenses regarding any claim(s) (including attorneys’ fees) arising from (a)the unauthorized tracking and/or monitoring of the Device(s) by you or your sub-account holders (b) Customer’s acts or omissions (c) any activities expressly prohibited in this Agreement, or (d) Customer’s gross negligence, willful misconduct, or fraud.

Termination of DPL Services and/or Agreement:
• In the event that you wish to terminate your Services with DPL then please contact your representative or DPL Support at support@dpltel.com. Termination requests must be received in writing and/or email.
• You will be responsible for all Plan Charges up to and including the full month of termination as well as all remaining charges included in Device purchases
• DPL reserves the right to terminate any DPL Services or this Agreement for any reason upon a minimum of 30 days’ prior written notice to you.

Events of Default:
• The Customer fails to make a payment when a payment is due.
• The Customer breaches or fails to comply with any part of this Agreement.
• In the event a default should occur, DPL will make all reasonable attempts to work with the Customer to ensure that there are no interruptions in Service. If the event of default is unresolved after attempting to resolve the situation, DPL may at its discretion and in no particular order:
o Apply Discretionary Account Fees (Refer to Fee Schedule)
o Suspend the Customer’s Service until resolved
o Terminate this Agreement. In the event of a termination, DPL will immediately bill the Customer for all outstanding Plan Charges and all costs/expenses, including but not limited to, legal expenses incurred by DPL in exercising its remedies as specified herein. In all cases DPL shall incur no liability whatsoever and the Customer shall remit payment on the bill immediately upon receipt of the bill.
Assignment:
• This Agreement cannot be transferred or assigned by the Customer without the express consent of DPL.
Language:
• The English language will control with respect to the construction and interpretation of this Agreement. Any version of this Agreement in a language other than English is provided as a convenience. The English language version of this Agreement will govern and control over any such other version of this Agreement in all respects.
Governing Law:
• This Agreement shall be governed by and construed in accordance with the laws applicable in the State of California and shall be subject to the exclusive jurisdiction of the courts in Santa Clara County, CA, U.S.A.

Fee Schedule
• Discretionary Account Fees
o Late Payment Fee: Interest is charged on overdue balances. An overdue balance is one where charges have been billed on a previous statement and have not been paid in full by the due date. On the date when interest is charged (typically 2-3 days following the due date), the overdue balance is then multiplied by 2% monthly (26.82% per annum)
o Reactivation Fee (account suspended for non-payment): $50.00
o NSF/Returned Payment/Pre-Authorized Payment Failure/Credit Card Denial: $50.00
• Device Fees
o Deactivation or Suspension
▪ All applicable Plan Charges up to and including the full month of Customer notification to deactivate or suspend the Device and all remaining Hardware Charges, if any
o Reactivation:
▪ AssetView and AssetView+ products have no reactivation fee. Reactivation requests must be submitted via email to support@dpltel.com or via a ticket through the Support Portal: https://dpltel.freshdesk.com/support/login. Some products cannot be reactivated, please contact your sales representative for details on your specific Device.
• Overage Fees
o Certain billing plans are subject to overage charges, please contact your sales representative for details of your plans. DPL, at its discretion, reserves the right to cancel this agreement, increase Plan Charges or levy Overage Fees if usage is deemed excessive. The use of the Recovery Mode feature may cause billing overages and is intended for theft recovery only.

AGREEMENT – By using any of our Products or Services you agree to these Terms of Service.

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