TechCare

1. The Plan.

This contract (the “Plan”) governs the services provided by DavLaw Tech LLC (“DLT”) under the above-mentioned plan and includes the terms in this document, your Plan Confirmation (“Plan Confirmation”), and the original sales receipt for your Plan. Your Plan Confirmation will be provided to you at the time of purchase or sent to you automatically thereafter. You may obtain a copy of your Plan Confirmation by calling (207) 449-0364 or emailing [email protected].

The Plan covers the following equipment (collectively, the “Covered Equipment”): (i) All Windows devices Windows XP and newer excluding server equipment, Mac devices 10.9 Mavericks and Newer, Currently supported Android and iOS devices, and any other device at the discretion of DLT(“Covered Device”), and (ii) peripheral devices such as Mice, Keyboards, Cameras, Headset, and other device at the discretion of DLT (“Accessories”) if used with the Covered Device and originally purchased no earlier than two years before the Covered Device purchase.

2. Plan Term and Renewal

Plan coverage begins when the Plan is purchased and continues, unless cancelled, through the date specified in your Plan Confirmation (the “Plan Term”). 

For Annual Plans, your recurring Plan Term is one year.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ANNUAL PLAN WILL

AUTOMATICALLY RENEW EVERY YEAR UNLESS AND UNTIL CANCELLED. FOR

IMMEDIATE CANCELLATION CALL (207) 449-0364 OR EMAIL [email protected] AND SEE SECTION 8 BELOW FOR A FULL EXPLANATION OF THE CANCELLATION TERMS.

YOUR EXPRESS AND AFFIRMATIVE CONSENT ACKNOWLEDGING AND AGREEING WITH THE ABOVE PROVISION IS REQUIRED AND CAPTURED AS PART OF THE

SALES PROCESS FOR RECURRING TECHCARE PLANS, AND SUCH CAPTURED AFFIRMATIVE CONSENT IS INCLUDED IN AND FORMS A PART OF THIS PLAN.  

Each renewal will be at the original plan purchase price, unless you are notified in advance of a price change in accordance with Section 9 of this plan.

For Annual Plans and any Fixed-Term Plan paid in installments (where available), you agree to have the credit card, debit card or other authorized payment source (the “Payment Source”) used for your initial Plan purchase (or your first Plan payment where not otherwise paid for by a Plan Payment Provider, group, membership, or promotional partner), kept on file to automatically charge in advance of the first day of each renewal term or installment billing period (as the case may be) following your initial payment or your first Plan payment where not otherwise paid for by a Plan Payment Provider, group, membership, or promotional partner. For Plans provided as part of a group, membership, or promotional program, you may have the option to assume payment and continue the Plan when it expires or terminates or at the end of the promotional program period. If continuation is available and you elect to assume payment and continue the Plan (as an Annual Plan), you agree to have the Payment Source kept on file as necessary with Apple or with the applicable group or membership to automatically charge in advance of the first day of each renewal or installment period. If your Payment Source cannot be charged for any reason, and you have not otherwise made the appropriate renewal or installment payment on time, your Plan coverage will cease from the due date. DLT has the right, but not the obligation, to accept any late payment and allow renewal from the date of late payment. For Annual Plans only, if the price of your Annual Plan is subject to change upon renewal, you will be notified in advance of any price increase, in accordance with Section 9 of this Plan.

The price for the Plan is as follows:

TechCare – $200 paid annually.

3. What is Covered?

Technical Support

During the Plan Term, DLT will provide you with priority access to telephone-based technical support for Covered Equipment (“Technical Support”). Your Technical Support coverage starts during complimentary technical consultation cover provided by DLT.  Technical Support may include assistance with installation, launch, configuration, troubleshooting, and recovery, including storing, retrieving, and managing files; interpreting system error messages; and determining when hardware service is required or accidental damage from handling (“ADH”) coverage may be applicable.

DLT Technical Support is limited to the following: (i) the Covered Equipment, (ii)software applications that are pre-installed on or designed to operate with the Covered Equipment (“Consumer Software”), and (iii) and connectivity issues between the Covered Equipment and a computer or device that meets the Covered Equipment’s connectivity specifications and runs an operating system supported by the Covered Equipment.

Exclusions apply as described below.

4. What is not Covered?

DLT will not provide Technical Support in the following circumstances:

(a) For use or modification to the Covered Equipment or Consumer Software in a manner for which the Covered Equipment or software is not intended to be used or modified;  (b) For issues that could be resolved by upgrading software to the then-current version; (c) For third-party products or their effects on or interactions with the Covered Equipment or Consumer Software;

(d) For your use of a computer or operating system that is not related to Consumer Software or to connectivity issues with the Covered Equipment; (e) For software other than outlined in Covered Equipment or Consumer Software;

• For any Consumer Software designated as “beta”, “prerelease,” or “preview” or similar designation;
• For damage to, or loss of, any software or data that was residing or recorded on the Covered Equipment;
• The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate any electronic hardware or software, or components thereof, that are used to store, process, access, transmit, or receive information within Covered Equipment as a result of any cause or loss other than covered losses specifically stated in this Plan, including any unauthorized access or unauthorized use of such system, a denial of service attack, or receipt or transmission of malicious code; or
• The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate any electronic data stored within Covered Equipment, including any such loss caused by unauthorized access or unauthorized use of such data, a denial of service attack, or receipt or transmission of malicious code.

5. How to Obtain Service and Support?

You may obtain service or Technical Support by calling (207) 449-0364 or emailing [email protected]. You must provide your Plan Agreement Number. You must also, upon request, present your Plan Confirmation, and the original sales receipt for your Covered Device and your Plan.

6. Your Responsibilities.

To receive service or support under the Plan, you agree to (i) provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, (ii) provide information about the symptoms and causes of the issues with the Covered Equipment, (iii) respond to requests for information needed to diagnose or service the Covered Equipment, (iv) follow instructions DLT gives you, (v) update software to currently published releases prior to seeking service, and (vi) back up software and data residing on the Covered Equipment. 

7. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DLT AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM DLT’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF APPLE AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THIS PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THIS PLAN. DLT SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. 

8. Cancellation.

8.1 Your Cancellation Rights

Regardless of your method of purchase, you may cancel this Plan at any time for any reason. 

For Annual Plans:

To cancel an Annual Plan immediately and receive a pro rata refund based on the percentage of unexpired time remaining on Your Annual Plan Term, less the value of any service provided under the Plan, you may do so by calling (207) 449-0364 or provide written notice by emailing [email protected].

Your failure to timely and fully make any annual payment will be deemed an expression of your intent to cancel your Plan and no cancellation refund will be provided. 

8.2 DLT’s Cancellation Rights

If your Payment Source cannot be charged for any reason for amounts due, including for any Annual Plan renewal payment or installment payment owed by you, and you have not otherwise made the appropriate payment by the due date or any applicable renewal date, your Plan may be cancelled for nonpayment and your Plan coverage will cease from the due date or renewal date. 

Additionally, unless applicable local law provides otherwise, DLT may cancel this Plan for fraud or material misrepresentation.

8.3 Effect of Cancellation

Upon the effective date of early cancellation, DLT’s future obligations under this Plan to you are fully extinguished.

If you cancel this Plan pursuant to these terms and conditions, and DLT fails to refund the purchase price to you within the time period specified below DLT will pay you a penalty of ten percent (10%) per month for the unpaid amount due and owing. For Maine residents, DLT will provide a refund within 45 days. The right to cancel and receive this penalty payment only applies to the original owner of the Agreement and may not be transferred or assigned. The obligations of the provider under this service contract are backed by t
he full faith and credit of the provider, DavLaw Tech LLC.

9. Plan Changes

The Plan terms and conditions originally issued to you will remain in effect for the duration of your Plan Term and each Annual Plan renewal if applicable, unless DLT notifies you of revised Plan terms and conditions. DLT may, at any time, revise any of the terms and conditions of this Plan, including the price and applicable service fees, upon sixty (60) days’ written notice to you, or longer if required by law (“Notice Period”). Such notice will be provided in a separate writing or email, or by other reasonable method. If you do not agree to the revised Plan terms and conditions, you may cancel the Plan without penalty. If you do not cancel the Plan within the Notice Period, your continued payment of annual or installment charges (if applicable) or request for service under the Plan after receiving notice of a change in your Plan terms and conditions, including with respect to a change in price or service fees, will be deemed consent by you to be bound by such revised Plan terms and conditions. In any event, you may cancel the Plan at any time in accordance with Section 8. 

If DLT adopts any revision to this Plan that would broaden your coverage without additional cost or any increase in service fees, the broadened coverage will immediately apply to this Plan.

10. General Terms.

• DLT may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
• DLT is not responsible for any failures or delays in performing under the Plan that are due to events outside of DLT’s reasonable control.
• You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan.
• This Plan is offered and valid only in the fifty states of the United States of America and the District of Columbia. Persons who have not reached the age of majority may not purchase this Plan. This Plan may not be available in all jurisdictions, including all provinces and territories of the United States, and is not available where prohibited by law.
• In carrying out its obligations DLT may, at its discretion and solely for the purposes of monitoring the quality of DLT’s response, record part or all of the calls between you and DLT.
• DLT has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction.
• You understand and agree that by purchasing the Plan, DLT will use, process, transfer, and protect your information in accordance with DLT Customer Privacy Policy available atdavlawtech.com/privacy. Without prejudice to the foregoing, you agree that DLT, its affiliates or service providers may use and process your name, device serial number, contact information, repair history and other personal information we, our affiliates or service providers collect or generate in relation to your Plan, for the purposes of: (i) providing and administering the services under the Plan and performing this contract; (ii) ensuring service quality; and (iii) communicating with you regarding your Plan, related financial transactions, and services and support provided under this contract. For such purposes, you agree that this may include the transfer of your personal information between DLT, its affiliates and service providers. If you have any questions regarding the processing of your personal data, contact DLT by calling (207) 449-0364 or emailing [email protected].
• The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and DLT’s entire understanding with respect to the Plan.
• Governing Law; Arbitration. This Agreement is governed by Maine law (without giving effect to its conflicts of law principles). Except only for disputes for which injunctive relief is sought, any disputes between Client and DLT (which are not otherwise resolved by the parties) shall be submitted to binding arbitration in Maine before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures and the prevailing party shall bear the costs of the arbitration. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
• Support services under this Plan may be available in English only.

* Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date contact information at www.davlawtech.com. Toll-free numbers are not available.