The sale and performance of installation and deployment services is governed by with these Installation & Deployment Terms (the “Terms and Conditions”). Your quote, order form or other mutually-agreed upon form of invoice or order acknowledgment (as applicable, the “Order Form”) will include the name of the service(s) and available service options that you purchased (the “Service(s)”). If you do not have your invoice, then a copy of your invoice can be found here. For additional assistance or to request a copy of your service contract(s), contact Dell Technical Support or your sales representative.
These Installation & Deployment Terms are entered between you, the customer (“you” or “Customer”), and the Dell entity identified on your Order Form for the purchase of this Service. This Service is provided subject to and governed by Customer’s separate signed master services agreement with Dell that explicitly authorizes the sale of this Service. In the absence of such agreement this Service is provided subject to and governed by Dell’s Commercial Terms of Sale, available at www.dell.com/CTS (as applicable, the “Agreement”). The parties acknowledge having read and agree to be bound by such online terms. Customer further agrees that by renewing, modifying, extending or continuing to utilize the Service beyond the initial term, the Service will be subject to the then-current Installation & Deployment Terms available for review at www.dell.com/servicecontracts/us.
By placing your order for the Services, receiving delivery of the Services, utilizing the Services or associated software or by clicking/checking the “I Agree” button or box or similar on the Dell.com website in connection with your purchase or within a Dell software or Internet interface, you agree to be bound by this Agreement and the agreements incorporated by reference herein. If you are entering this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind such entity to this Agreement, in which case “you” or “Customer” shall refer to such entity.
This installation and deployment service was purchased to correspond with specific Customer asset(s) (the “Supported Product(s)” as defined below), and will be provided subject to the terms of these Installation & Deployment Terms, the Customer’s Order Form, Spec Sheet, or Service Description (listed below) that corresponds to the service that the Customer has purchased.
A Dell representative will contact the Customer to schedule this Service based on mutually agreed resource availability. This Service will be provided during normal Dell business hours Monday through Friday (8:00 am to 6:00pm Customer local time) unless otherwise specified on the Customer’s Order Form.
1. Supported Products
This Service is available on supported products which includes select Dell OptiPlex™, Latitude™, Inspiron™, Precision™, Vostro™, PowerEdge™, PowerEdge SC™, PowerVault™, PowerConnect™, Dell EqualLogic™, Dell | EMC Storage Systems™, and Dell printers, monitors and smartphones which are purchased in a standard configuration and indicated on your Order Form (“Supported Products”). Please contact your sales representative for the most up-to-date list of Services that are available on your Dell or non-Dell products.
Each Supported Product is tagged with a serial number (the "Service Tag"). A separate service agreement must be purchased by Customer for each Supported Product. For example, a printer purchased with a laptop system is not covered by the laptop system's service contract; the printer and the laptop will each need their own service contract. Please refer to the Service Tag on your Supported Product when contacting Dell for this Service.
2. Term of Service. This Agreement commences on the date listed on your Order Form and continues through the term indicated on the Order Form (the “Term”). As applicable, the number of systems, licenses, installations, deployments, managed end points or end-users for which Customer has purchased any one or more Services, as specified on your Order Form, the rate or price, and the applicable Term for each Service is indicated on Customer’s Order Form. Unless otherwise agreed in writing between Dell and Customer, purchases of Services under this Agreement must be solely for Customer’s own internal use and not for resale or service bureau purposes.
3. Customer Responsibilities
A. Authority to Grant Access. Customer represents and warrants that it has obtained permission for both Customer and Dell to access and use the Supported Product(s), the data located thereon and all hardware and software components included therein, for the purpose of providing these Services. If Customer does not already have that permission, it is Customer's responsibility to obtain it, at Customer's expense, before Customer asks Dell to perform these Services.
B. Cooperate with Phone Analyst and On-site Technician. Customer will cooperate with and follow the instructions given by any Dell phone analyst or on-site technicians. Experience shows that most system problems and errors can be corrected over the phone as a result of close cooperation between the user and the analyst or technician.
C. On-site Obligations. Where Services require on-site performance, Customer will provide (at no cost to Dell) free, safe and sufficient access to Customer's facilities and the Supported Products, including ample working space, electricity, and a local telephone line. A monitor or display, a mouse (or pointing device), and a keyboard must also be provided (at no cost to Dell), if the system does not already include these items.
D. Maintain Software and Serviced Releases. Customer will maintain software and Supported Product(s) at Dell-specified minimum release levels or configurations as specified on PowerLink for Dell | EMC Storage or EqualLogic™, or as specified on www.support.dell.com for additional Supported Products. Customer must also ensure installation of remedial replacement parts, patches, software updates or subsequent releases as directed by Dell in order to keep the Supported Product(s) eligible for this Service.
E. Data Backup; Removing Confidential Data. Customer will complete a backup of all existing data, software and programs on all affected systems prior to and during the delivery of this Service. Customer should make periodic backup copies of the data stored on all affected systems as a precaution against possible failures, alterations, or loss of data. In addition, Customer is responsible for removing any confidential, proprietary, or personal information and any removable media such as SIM cards, CDs, or PC Cards regardless of whether an on-site technician is also providing assistance. DELL WILL HAVE NO LIABILITY FOR:
· ANY OF YOUR CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION;
· LOST OR CORRUPTED DATA, PROGRAMS OR SOFTWARE;
· DAMAGED OR LOST REMOVABLE MEDIA;
· DATA OR VOICE CHARGES INCURRED AS A RESULT OF FAILING TO REMOVE ALL SIM CARDS OR
OTHER REMOVABLE MEDIA INSIDE SUPPORTED PRODUCTS THAT ARE RETURNED TO DELL;
· THE LOSS OF USE OF A SYSTEM OR NETWORK;
· AND/OR FOR ANY ACTS OR OMISSIONS, INCLUDING NEGLIGENCE, BY DELL OR A THIRD-PARTY
Dell will not be responsible for the restoration or reinstallation of any programs or data. When returning a Supported Product or part thereof, Customer will only include the Supported Product or part which has been requested by the phone technician.
F. Third Party Warranties. These Services may require Dell to access hardware or software that is not manufactured by Dell. Some manufacturers' warranties may become void if Dell or anyone else other than the manufacturer works on the hardware or software. Customer will ensure that Dell's performance of Services will not affect such warranties or, if it does, that the effect will be acceptable to Customer. Dell does not take responsibility for third party warranties or for any effect that the Services may have on those warranties . DELL DOES NOT TAKE RESPONSIBILITY FOR THIRD PARTY WARRANTIES OR FOR ANY EFFECT THAT THE DELL SERVICES MAY HAVE ON THOSE WARRANTIES.
4. Important Additional Information
A. Rescheduling. ONCE THIS SERVICE HAS BEEN SCHEDULED, ANY CHANGES TO THE SCHEDULE MUST OCCUR AT LEAST EIGHT (8) CALENDAR DAYS PRIOR TO THE SCHEDULED DATE. IF CUSTOMER RESCHEDULES THIS SERVICE WITHIN SEVEN (7) DAYS OR LESS PRIOR TO THE SCHEDULED DATE, THERE WILL BE A RESCHEDULING FEE NOT TO EXCEED 25% OF THE CUSTOMER PRICE FOR THE SERVICES. CUSTOMER AGREES THAT ANY RESCHEDULING OF THE SERVICE WILL BE CONFIRMED AT LEAST EIGHT (8) DAYS PRIOR TO COMMENCEMENT OF THE SERVICE.
B. Payment for hardware purchased with installation & deployment services. Unless otherwise agreed to in writing, payment for hardware shall in no case be contingent upon performance or delivery of installation or deployment services purchased with such hardware.
C. Commercially Reasonable Limits to Scope of Service. Dell may refuse to provide Service if, in its opinion, providing the Service creates an unreasonable risk to Dell or Dell’s Service providers or if any requested service is beyond the scope of Service. Dell is not liable for any failure or delay in performance due to any cause beyond its control, including Customer’s failure to comply with its obligations under this Agreement. Service extends only to uses for which the Supported Product was designed.
D. Optional Services. Optional services (including point-of–need support, installation, consulting, managed, professional, support or training services) may be available for purchase from Dell and will vary by Customer location. Optional services may require a separate agreement with Dell. In the absence of such agreement, optional services are provided pursuant to this Agreement.
E. Assignment. Dell may assign this Service and/or Agreement to qualified third party service providers.
F. Cancellation. Dell may cancel this Service at any time during the Term for any of the following reasons:
· Customer fails to pay the total price for this Service in accordance with the invoice terms;
· Customer is abusive, threatening, or refuses to cooperate with the assisting analyst or on-site technician; or
· Customer fails to abide by all of the terms and conditions set forth in this Agreement.
If Dell cancels this Service, Dell will send Customer written notice of cancellation at the address indicated on Customer’s invoice. The notice will include the reason for cancellation and the effective date of cancellation, which will be not less than ten (10) days from the date Dell sends notice of cancellation to Customer, unless local law requires other cancellation provisions that may not by varied by agreement. If Dell cancels this Service pursuant to this paragraph, Customer shall not be entitled to any refund of fees paid or due to Dell.
G. Geographic Limitations and Relocation. This Service will be delivered to the site(s) indicated on the Customer’s invoice. This Service is not available at all locations. Service options, including service levels, technical support hours, and on-site response times will vary by geography and certain options may not be available for purchase in Customer’s location, so please contact your sales representative for these details. Dell’s obligation to supply the Services to relocated Supported Products is subject to various factors, including without limitations, local Service availability, additional fees, and inspection and recertification of the relocated Supported Products at Dell’s then-current time and materials consulting rates.
H. Transfer of Service. Subject to the limitations set forth in this Agreement, Customer may transfer this Service to a third party who purchases Customer’s entire Supported Product before the expiration of the then-current Term, provided Customer is the original purchaser of the Supported Product and this Service or Customer purchased the Supported Product and this Service from its original owner (or a previous transferee) and complied with all the transfer procedures available at www.support.dell.com. A transfer fee may apply. Please note that if Customer or Customer’s transferee moves the Supported Product to a geographic location in which this Service is not available (or is not available at the same price), Customer or Customer’s transferee may not have coverage or may incur an additional charge to maintain the same categories of support coverage at the new location. If Customer or Customer’s transferee chooses not to pay such additional charge, the Service may be automatically changed to categories of support which are available at such price or a lesser price in such new location with no refund available.
I. Service expires 1 year after purchase. EXCEPT TO THE EXTENT APPLICABLE LAW REQUIRES OTHERWISE, YOU MAY USE THIS SERVICE ONE TIME DURING THE 1 YEAR PERIOD FOLLOWING THE DATE OF ORIGINAL PURCHASE ("EXPIRATION DATE"). THE ORIGINAL PURCHASE DATE IS DEFINED AS THE EARLIER OF THE DATE OF THE INVOICE FOR THE SERVICE OR ORDER CONFIRMATION FROM DELL. DELL'S DELIVERY OF THE SERVICE WILL BE DEEMED SATISFIED AFTER THE EXPIRATION DATE EVEN IF YOU DO NOT USE THE SERVICE.