Terms & Conditions

Deep Orange Customer Agreement

A copy of software of Deep Orange Hotspot, Family Internet and Data Plans ("the Software Product") installed on the related equipment (“the Equipment”) for the purpose of providing internet services (“the Service”) and accompanying documentation is licensed and not sold. The Equipment, the Service and this Software Product are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. JY Joint, LLC (DBA, Deep Orange) or its subsidiaries, affiliates, and suppliers (collectively "Deep Orange") own intellectual property rights in the Equipment and the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product and proper use of the Equipment are subject to these rights and to all the terms and conditions of this Customer Agreement ("Agreement").

 

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING PLACING AN ORDER OF THE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE EQUIPMENT AND/OR THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST STOP ORDERING THE PRODUCT AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

 

Delivery Date of Equipment

The delivery data can be arranged by Deep Orange Sales Partner and Sales Associates directly with the customer. In the event shipping is needed, the customer can choose from Deep Orange website on the desired shipping method. Both parties agree that shipment data plus 7 days shall be considered the delivered data for commencement of bill of Equipment.

 

Customer Self-Installation Waiver

Deep Orange Sales Partner and Sales Associates can provide professional installation for the customer. If the customer declined this service, customer agrees to hold Deep Orange harmless for any related resulting damage to the Equipment and the Software.

 

License Grant

This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is not allowed.

 

Restrictions on Transfer

Without first obtaining the express written consent of Deep Orange, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Equipment and the Software Product.

 

Restrictions on Use

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Equipment and the Software Product. You may not use the database portion of the Software Product in connection with any software other than the Software Product.

 

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Equipment and the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

 

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

 

Limited Equipment and Software Product Warranty

For a period of 180 days from the date of shipment or from the date that you use the Equipment and the Software Product, as applicable, Deep Orange warrants that when properly installed and used under normal conditions, the Equipment and the Software Product will perform substantially as advertised.

   

Monthly Invoices, Service Billed in Advance

Upon completion of 30-Day Try and Buy Term, the Customer acknowledges he/she must decide and then agree to pay ongoing monthly invoices before due dates for basic subscription, which is always billed in advance each month. If the Customer failed to pay within the period, the service will be suspended. The service can be reactivated later, but the Customer has to pay the monthly service fee plus a one-time (NOT monthly, NOT annually, JUST once EVER) activation fee.

 

Payment

Service fees may be paid in US currency via Customer’s online banking service, by paper check in U.S. Mail, by using a valid and chargeable credit or debit card. Service can also be paid using Deep Orange Data Plan or Deep Orange Gift Card as issued on Deep Orange’s official website (URL: https://deeporangedata.com). If Customer chooses, their credit or debit card maybe charged automatically each month for the invoiced amount due.  Customer agrees NOT to bring or mail cash payments to Deep Orange’s office address.  If Customer payment card on file is declined, Deep Orange will retry the charge once. If payment is again declined, Deep Orange will make best efforts to contact the Customer for another form of payment. After that Deep Orange may terminate the Services immediately, and without penalty or liability to Deep Orange. Late payments for any charges billed by Deep Orange will be subject to a 1.8% monthly fee of total invoice.  In such cases there will be no refunds for partial months of service, plan changes or refunds for months unused with an open account.

 

Customer is responsible for all charges incurred in connection with the Services regardless of who uses the assigned Routers or accesses our Services online. If Customer believes there is an error in any charge posted to Customer account, Customer must contact us concerning the disputed charges within fifteen (15) days of receiving the invoice for those charges, at which time we will promptly investigate Customer claim. Customer must notify us immediately of any change in Customer name, billing address, service address, e-mail address, telephone number, credit card, designated contact(s), or other account information.

 

Automatic Renewal and Cancellation

At the end of Customer term of service, Customer service plan will automatically renew again for same term (month-to-month) on an ongoing basis at subscription rates stated in our original signed Agreement. Acceptance of terms and conditions during the activation process means Customer has expressly authorized us to charge a recurring service fee based on the Service Plan, Payment Plan and Pricing as stated in signed Agreement.

 

Reactivation

In the event Customer interrupts or otherwise temporarily cancels the Service, reactivation fee will be charged at the time the Service is resumed.

 

Modification or Cancellation of Customer Service Plan

Modification or Cancellation of Customer Service Plan must be communicated to Deep Orange Customer Service at1-888-519-9128, or e-mail support@deeporangedata.com.  Deep Orange require 2 business days lead time to process any such changes.

 

Customer-Initiated Account Termination

Customer may terminate Customer account at any time with the following provisions:
Customer account access will be immediately suspended and the Customer will forfeit any any/all unused prepaid subscription fees for that month. Deep Orange will not issue a prorated refund to Customer.

 

Unlawful Use

Customer agrees not to use the Service, the Equipment and the Software Product for any unlawful or abusive purpose or in any way that interferes with Deep Orange operation, Services, System, or the Equipment. Customer will comply with all State and Federal laws while using the Service, the Equipment or the Software Product and will not transmit any communication that would violate any federal, state, or local law, court, or regulation. Resale of the Services or Routers is prohibited. By using the Service and/or the Equipment, Customer agrees to abide by the terms and conditions of any software license Agreements applicable to any software associated with the Service or the Equipment.

 

Unauthorized Usage

Customer may not program or alter the Equipment other than the normal programmable parameters related to the Router. If any Equipment is stolen or Services used fraudulently, Customer must notify Deep Orange immediately and provide Deep Orange with such information and documentation as Deep Orange may request (including, without limitation, police reports, and affidavits). Deep Orange has the right to interrupt services or restrict service to any Equipment, without notice to the Customer, if Customer is using the Equipment in a fraudulent or unlawful manner.


Account Information

It is Customer’s responsibility to maintain current and accurate account, payment, alert-e-mail, and contact information, and to exercise diligence in protecting Customers' login and password.

 

Customer Reference Consent

Deep Orange Data is authorized to mention the name of Customer to other prospective customers unless Customer states otherwise in writing in e-mail or US Mail.

 

Return of Equipment

If the Equipment is defected due to manufacturer’s reason and it is under warranty, the Equipment can be returned. The Customer is responsible for the shipping cost. Deep Orange will provide replacement of the Equipment after the defected Equipment is received.

 

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY DEEP ORANGE, DEEP ORANGE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

 

Deep Orange makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Deep Orange makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. DEEP ORANGE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

 

UNDER NO CIRCUMSTANCES SHALL DEEP ORANGE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF DEEP ORANGE OR ANY OTHER PARTY, EVEN IF DEEP ORANGE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS DEEP ORANGE'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

 

Limitation of Remedies and Damages

Customer’s remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Equipment and the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Deep Orange. Deep Orange reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Deep Orange is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

 

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Deep Orange to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Deep Orange harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

 

Amendments

Deep Orange may amend the terms of this Agreement, including monthly subscription rates, upon written notice to Customer, but only if Deep Orange formally make same changes for all Customers in same Customer class/category. If Customer does not agree to amendment, Customer may terminate this Agreement with written notice to Deep Orange at any time via e-mail or U.S. Mail and stating reason for termination.  If Customer does not agree with amendment but still wants to continue service, Deep Orange will continue to provide service on a month-to-month basis per the terms of the original Agreement, plus amendment.  If Customer continues to use the services more than fifteen (15) days after Deep Orange mails notice of an amendment, Customer will be deemed to have agreed to that amendment.

 

Limitation of Liability

Deep Orange is not responsible for acts or omissions of any other service provider, for information provided through the equipment, for equipment failure or modification, for system failure or modification or for causes beyond the control of Deep Orange is not liable for (i) service outages; (ii) incidental or consequential damages such as lost profits; (iii) economic loss or injuries to persons or property arising from the Customer’s use of the Services, the Routers or any other equipment used in connection with the Equipment --unless caused by the sole and/or gross negligence of Deep Orange; (iv) the installation or repair of the Routers; or (v) for any act associated with the proper exercise by Deep Orange of rights under the privacy and/or unauthorized usage provisions of this Agreement.

Usage Provisions of this Agreement
Legal Equivalency: Electronic versions of this document & any other electronic documents, policies & guidelines incorporated herein will be: i) deemed to be "in writing," and to comply with all statutory, contractual, and other legal requirements for writing; ii)legally enforceable as a signed writing as against the parties’ subject to the electronic documents; and iii) deemed an "original" when printed from electronic records established/ maintained in ordinary course of business.
 

Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Indemnification

Customer agrees to defend, indemnify, and hold Deep Orange Data and its affiliates harmless from claims or damages relating to (i) Customer’s breach of this Agreement or Customer’s statements made in this Agreement, and (ii) the use of the Routers or services--unless due to sole and/or gross negligence by Deep Orange or its affiliates. Customer agrees to pay reasonable attorney’s fees and all applicable costs incurred by Deep Orange in enforcing this Agreement. This paragraph shall survive the termination of this Agreement.

Limitation of Action

Except for actions arising in connection with Indemnification (above), neither Deep Orange nor Customer may bring legal action with respect to this Agreement more than one year after the legal action accrues.

Assignment

Deep Orange may assign all or part of the rights or duties of Deep Orange, under this Agreement without such assignment being considered a change to the Agreement and may provide notice to Customer. As a result of any such assignment, Deep Orange shall be released from all liability with respect to such rights or duties, or portions thereof. Customer may not assign this Agreement without prior written consent of Deep Orange, which shall not be reasonably withheld.

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of New York, without regard to New York's conflict or choice of law provisions.

 

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Contact Deep Orange  

If Customer experiences difficulties in using the Equipment, the Service or the Software Product or has a question about the System, Services, charges bill, or Customer obligations, please contact Deep Orange at support@deeporangedata.com or call Deep Orange Customer Service at 1-888-519-9128.

 
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