Terms And Conditions
Digital HD Advertising-DigitalHDA.com
In using this website, using our services and/or purchasing our products, you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing American Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Federal Law has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Client records are regarded as confidential and therefore will not be divulged to any third party, other than legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, hand outs or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. Furthermore, upon purchasing any of our products or services your consent is assumed for our company’s mailing list emails detailing sales offers and other information.
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
Disclaimer of Warranties. Except for the express warranties provided, WE do not make any warranty, express or implied, with respect to the COMPANY, THE Website, the sERVICES rendered by its personnel or the results obtained from their work, including, without limitation, any Implied Warranty of Merchantability or Fitness for a Particular Purpose.
Limitation of Liability. In no event shall WE be liable for any indirect, incidental, or consequential damages including lost profits arising out of or otherwise relating to the sERVICES, PRODUCTS or performance of the Website or any components thereof, however caused, even if WE haVE been advised of the possibility of such damages.
Limitation of Remedy. It will be extremely difficult to determine the actual damages that may result from the failure to perform our duties. YOU AGREE THAT WE ARE EXEMPT FROM LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES WE PERFORM OR THE PRODUCTS WE SELL. IF IT IS DETERMINED THAT WE ARE DIRECTLY OR INDIRECTLY RESPONSIBLE FOR ANY SUCH LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE, YOU AGREE THAT DAMAGES SHALL BE LIMITED TO THE PRICE YOU PAID US. THESE AGREED UPON DAMAGES ARE NOT A PENALTY. THEY ARE YOUR SOLE REMEDY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE IS CAUSED, EVEN IF CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, PRODUCT FAILURE, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY APPLICABLE LAW, OR OTHER FAULT.
Governing Law, Etc.
This Agreement shall be a contract made under the laws of the State of New York and for all purposes shall be governed by and interpreted in accordance with the laws of the State of New York (except to the extent the same are superseded by federal law). Seller and Buyer hereby expressly submit to the jurisdiction of any federal or state court sitting in the State of New York and specifically in the County of Monroe for purposes of any suit, action or proceeding arising out of or related to this Agreement.
Product Order Language
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are not subject to return or exchange.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
We reserve the right to refuse to complete any order that you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address or phone number provided at the time the order sent to us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions in a timely manner.
Personal/Business Checks, Visa, and Mastercard are all acceptable methods of payment. Our Terms are payment in full upon sales agreement for equipment purchases or any updates we provide to your programming. Any balance that remains outstanding by the due date will incur a late payment fee of $9.95. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $45.00 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement. Consequently, all programming updates and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
There will be a $19.95 fee if a television is found to not be displaying our program during hours of operation. We require payment of the $19.95 fee within 10 business days of the date of the invoice. If payment is not received within 10 business days a $5.00 late fee will be added to the charge to be paid immediately. If original $19.95 fee has not been paid within 20 business days the account will effectively be terminated, all purchased equipment must be returned, and early termination fee will be applied (see below).
An early termination fee may apply if the account has been terminated due to late payments or if the client has withdrawn from their contract (see Cancellation Policy).
If there is a technical problem with the television or component we require written notification within 48 hours. Notification for instance, in person, via email, mobile phone ‘text message’, or any other means will be accepted, but we may require confirmation in writing. If a faulty television is not replaced or fixed within 5 business days or if the device is not moved to a function television we reserve the right to suspend and/or withdraw programming. No penalties will apply if there is a technical problem with the component.
Digital HD Advertising is not liable for any damage sustained by or malfunction of equipment not provided by Digital HD Advertising. Equipment includes, but is not limited to- brackets, wall mounts, televisions, cables, or other equipment associated with a display.
Personal/Business Checks, Visa, and Mastercard are all acceptable methods of payment. Our Terms are payment in full before advertisement is placed in programming unless other arrangements have been made between both parties, which exist in writing. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000.00. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $45.00 charge to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement. Consequently, if an arrangement has been made by both parties and has not been fulfilled, the agreement will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Any display times are approximate in nature and are subject to change at any time without notice. We are not liable for compensation for any change in the duration of display times for any reason. You hereby grant us a license to use and display your name, logo and or advertisement on our website, social media or any form of marketing material for marketing purposes. We do not offer exclusivity on our digital signage screens at anytime at any of our locations.
The views or opinions expressed in advertisements are not necessarily endorsed by our company or any of our clients.
Termination of Agreements and Refunds Policy
Both the Client and we have the right to terminate any Service Agreement for any reason, including the ending of services that are currently underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services shall not be refunded and early termination fees may apply (see Cancellation Policy).
If an Advertiser withdraws from their contract the remaining balance is still owed in full unless negotiated between the Client and the Company. There is a minimum 72 hour notice of cancellation required for Advertisers and 30 day notice for Bars/Restaurants/Businesses. Notification must be in writing, for instance via email from the person responsible for the Service Agreement or in writing signed by the person responsible for the Service Agreement. If a location withdraws from their contract there will be a $199.95 fee applied (see Equipment Policy) if an establishment withdraws from their contract, to be paid within 10 business days of withdrawal. All component equipment must be returned in full working condition or additional charges may apply. We reserve the right to levy an additional $30.00 charge to cover any subsequent administrative expenses upon cancellation.
Additionally a business will not be required to pay cancellation fees as a result of business failures or other exigent circumstances (See Force Majeure section).
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links From This Website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United Sates and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found through out our website or via Company literature or via the Company’s stated telephone number.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Our company shall not be held liable for any failure to perform any obligation under an Agreement, which is due to an event or action executed, by one of our partners. This includes, but is not limited to, business failure, change of ownership, breach of contract, or discontinuance of any services, business, or agreement.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States govern these terms and conditions. By accessing this website, and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.