Terms and conditions for using our services
Effective Date: September 14th, 2025
This Terms of Service Agreement (“Agreement”) constitutes a legally binding contract between you (“Client,” “you,” or “your”) and DTS Technical Support Services, a, with its principal place of business at 1581 W 49th St, Hialeah, FL 33012 (“DTS TSS,” “we,” “us,” or “our”).
By purchasing, ordering, or using any product or service from DTS TSS, whether through a signed work order, online payment, verbal authorization, or by allowing service to commence, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions contained in this Agreement. If you do not agree to these terms, do not use our services.
This Agreement governs all services and products provided by DTS TSS. It represents the entire understanding between you and DTS TSS, superseding all prior oral or written communications, proposals, and representations. Your engagement of our services constitutes your unconditional acceptance of this Agreement.
DTS TSS reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Should material changes occur, we will provide notice either by posting the revised terms on our website or by sending a notification to the primary email address associated with your account. Your continued use of our services after any such changes constitutes your acceptance of the new terms. It is your responsibility to review this Agreement periodically for changes.
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:
You agree to provide true, accurate, current, and complete information as required for billing, service execution, and account management. You further agree to promptly update this information to maintain its accuracy.
For any Service that requires an account, such as web hosting, you are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept full responsibility for all activities that occur under your account. You must notify DTS TSS immediately of any unauthorized use of your account or any other breach of security.
You agree to cooperate fully and in a timely manner with DTS TSS to facilitate the performance of the Services. This includes providing necessary access to Equipment, software systems, account credentials, and any other information or materials required. Any delays in performance caused by your failure to cooperate may result in revised project timelines and the imposition of additional fees.
Fees for Services shall be as set forth in the applicable Work Order, on our website, or as quoted to you. Unless otherwise agreed in writing, all fees are due in full prior to the commencement of any Service. For ongoing Services, invoices will be issued according to the agreed-upon billing cycle.
You acknowledge that for certain Mobile Device Services, DTS TSS acts as a payment processing agent for Third-Party Carriers. Payments made for carrier-specific services are immediately remitted to the respective carrier on your behalf.
Invoices not paid by the due date will be considered delinquent. DTS TSS reserves the right to charge interest on any overdue amount at a rate of 1.5% per month or the maximum rate permitted by Florida law, whichever is lower. Furthermore, DTS TSS may, at its sole discretion, suspend or terminate all Services provided to you if your account remains unpaid for more than thirty (30) days.
In accordance with Florida law, DTS TSS is required to collect sales tax on certain transactions. The application of tax will be as follows:
ALL SALES OF SERVICES AND PRODUCTS ARE FINAL. DTS TSS OPERATES UNDER A STRICT NO-REFUND POLICY. BY MAKING A PURCHASE, YOU ACKNOWLEDGE AND AGREE THAT ALL PAYMENTS MADE TO DTS TSS ARE NON-REFUNDABLE, IN WHOLE OR IN PART, ONCE A TRANSACTION IS COMPLETED OR SERVICE HAS COMMENCED.
This policy is a material term of this Agreement and has been established for the following reasons:
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT PAYMENTS PROCESSED BY DTS TSS ON YOUR BEHALF TO THIRD-PARTY CARRIERS ARE IRREVERSIBLE. ONCE THESE FUNDS ARE REMITTED TO THE CARRIER, DTS TSS HAS NO MEANS TO RECOVER OR REFUND THEM. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR SUCH PAYMENTS.
The establishment of this specific term is a direct response to the operational reality of third-party payment processing. It is not an arbitrary or punitive measure but a necessary allocation of risk for transactions over which DTS TSS has no subsequent control. To challenge this policy under consumer protection statutes like the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) would require demonstrating that it is “unconscionable” or was deceptively hidden. By stating this term conspicuously and requiring acknowledgment prior to purchase, it is framed not as an unconscionable practice but as a clearly communicated, bargained-for condition of the transaction.
Fees paid for diagnostic services are non-refundable, as they compensate for the technician’s time and expertise in assessing the Equipment, regardless of whether you choose to proceed with a repair. Similarly, once labor for a repair or other service has commenced, all associated fees are non-refundable.
For Services such as web development, e-commerce integration, and technical consultation, fees are considered earned and non-refundable once the work has begun, as these Services involve the allocation of significant time, resources, and intellectual capital.
DTS TSS provides a thirty (30) day limited warranty on labor for all repair Services. This warranty covers the specific repair performed and any parts installed by DTS TSS. If the identical issue reoccurs within the warranty period due to a defect in our workmanship or a faulty part we supplied, DTS TSS will, at its sole discretion, reperform the service at no additional labor cost. This warranty is void if the Equipment shows signs of new physical damage, liquid damage, tampering, or if the failure is caused by a software issue or a different hardware component.
This disclaimer is a critical component for managing liability and is drafted to comply with Florida’s adoption of the Uniform Commercial Code.
EXCEPT FOR THE LIMITED WORKMANSHIP WARRANTY EXPRESSLY STATED IN SECTION 6.1, ALL SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, DTS TSS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
DTS TSS does not warrant that the Services will meet your requirements, that they will be uninterrupted or error-free, or that all defects will be corrected. No oral or written information or advice given by DTS TSS or its authorized representatives shall create a warranty. This structure is intentionally designed to avoid classification as a long-term “Service Warranty” under Florida Statute Chapter 634, which would subject DTS TSS to the complex licensing and financial requirements of the Office of Insurance Regulation.
The enforceability of limitation of liability clauses for professional services in Florida is a nuanced and evolving area of law. Courts may invalidate clauses that are ambiguous, unconscionable, or that attempt to waive liability for gross negligence or willful misconduct. Therefore, this clause is drafted to be clear, reasonable, and specific in its scope to maximize its potential for enforcement.
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, THE ENTIRE LIABILITY OF DTS TSS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED, FROM ANY CAUSE OR CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO DTS TSS FOR THE SPECIFIC SERVICE THAT GAVE RISE TO THE CLAIM.
This approach ties the potential liability directly to the value of the transaction, which is considered a more reasonable and defensible allocation of risk than an arbitrary low-dollar cap.
IN NO EVENT SHALL DTS TSS OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF DTS TSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this Section 7 reflects an agreed-upon allocation of risk between the parties and that the fees charged by DTS TSS are based in part upon this limitation of liability.
DTS TSS is committed to protecting the privacy and security of your data. Our policies are designed to comply with the Florida Information Protection Act of 2014 (FIPA).
DTS TSS shall take reasonable measures to protect and secure Client Data in electronic form that contains “Personal Information” from unauthorized access, use, destruction, or disclosure. “Personal Information” is defined under FIPA and includes an individual’s first name or initial and last name in combination with a Social Security number, driver’s license number, financial account information, medical information, health insurance details, or an email address with a password or security question that would permit access to an online account.
In the event of a breach of security affecting your Personal Information, DTS TSS will adhere to the following notification protocol as mandated by FIPA:
DTS TSS will only access, use, and process Client Data for the sole purpose of providing the Services as described in this Agreement and any applicable Work Order. We will not use Client Data for any other purpose without your express written consent.
This Agreement commences upon your first use of any Service and shall remain in effect until the specific Service is completed. For recurring Services such as web hosting, the term will automatically renew for successive periods (e.g., monthly or annually) unless terminated by either party.
Either party may terminate this Agreement immediately upon written notice if the other party commits a material breach of this Agreement and fails to cure such breach within fifteen (15) days of receiving written notice thereof. Non-payment of fees by the Client is considered a material breach.
For any recurring or subscription-based Service, either party may terminate this Agreement for any reason by providing at least thirty (30) days’ written notice to the other party.
Upon termination of this Agreement for any reason: (a) you shall immediately pay all outstanding fees and charges due to DTS TSS; (b) your right to use the Services shall cease; and (c) DTS TSS will, upon your request and at a billable rate, reasonably cooperate in the transition of your data to an alternative provider. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and the no-refund policy.
YOU ACKNOWLEDGE AND AGREE THAT THE PROCESS OF DIAGNOSIS AND REPAIR CARRIES AN INHERENT AND UNPREDICTABLE RISK OF DATA LOSS. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR CREATING A COMPLETE BACKUP OF ALL DATA, SOFTWARE, AND PROGRAMS ON YOUR EQUIPMENT PRIOR TO SUBMITTING IT FOR SERVICE. DTS TSS SHALL HAVE NO LIABILITY FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY HARDWARE, SOFTWARE, DATA, OR FILES. This is a fundamental and non-negotiable condition of our repair services.
By submitting your Equipment, you authorize DTS TSS to perform all necessary diagnostic work and to physically disassemble the Equipment as required to identify the issue. We will provide you with an estimate for the cost of repair. No repair work will be performed without your explicit authorization. A non-refundable diagnostic fee may apply even if you decline the repair.
In performing repairs, DTS TSS may, at its discretion, use new, refurbished, reconditioned, original equipment manufacturer (OEM), or high-quality non-original (aftermarket) parts and components.
YOU ACKNOWLEDGE THAT REPAIR SERVICES PERFORMED BY DTS TSS, AN INDEPENDENT REPAIR PROVIDER, ARE LIKELY TO VOID ANY EXISTING MANUFACTURER’S WARRANTY ON YOUR EQUIPMENT. IT IS YOUR RESPONSIBILITY TO UNDERSTAND THE TERMS OF YOUR MANUFACTURER’S WARRANTY.
DTS TSS will exercise reasonable care in handling your Equipment. However, our liability for any loss or damage to your Equipment while in our possession is strictly limited in accordance with Section 7 of this Agreement. If you do not retrieve your Equipment within sixty (60) days after we have notified you that the Service is complete or that the Equipment is ready for pickup, DTS TSS will consider the Equipment abandoned. We reserve the right to dispose of, recycle, or sell the abandoned Equipment to recover any unpaid costs, without any liability to you.
The specific scope of consultation and support services will be defined in a Work Order or statement of work. Services are provided on a “best-effort” basis. While we will use our professional expertise to address your technical issues, we do not guarantee that all problems can be resolved, as some issues may be due to factors beyond our control.
For remote support services, you authorize DTS TSS to install and use remote access software on your computer systems. You agree to be present or available for communication during the remote session and to grant necessary permissions to facilitate the work. You are responsible for terminating the remote session upon completion of the service.
You represent and warrant that you are the legal owner or authorized user of the equipment and software being serviced. You are responsible for ensuring that all software on your systems is properly licensed. DTS TSS is not liable for identifying or correcting issues related to unlicensed software.
For clients with ongoing support agreements, DTS TSS will use commercially reasonable efforts to respond to service requests based on the following priority levels. These times represent the target for an initial acknowledgment and assessment of the issue, not a guaranteed resolution time.
| Priority Level | Description | Target Initial Response Time |
| Critical | System-wide outage; core business operations are halted. | Within 1 Business Hour |
| High | Significant service degradation; core functions are impaired but not fully down. | Within 4 Business Hours |
| Normal | Minor issue; non-critical functions are affected, or a workaround is available. | Within 8 Business Hours |
This structured approach ensures that critical issues receive immediate attention while managing expectations for less urgent requests, allowing for efficient resource allocation and clear communication.
All web development projects will be governed by a detailed proposal or Scope of Work (SOW) document, which will outline the deliverables, features, project timeline, and the number of revision rounds included. You represent that you own or have obtained all necessary rights and permissions for any text, graphics, photos, designs, trademarks, or other artwork you provide to us for inclusion in the website (“Client Content”). You agree to indemnify and hold DTS TSS harmless from any claims of infringement arising from the use of Client Content.
The ownership of intellectual property is a critical component of any development agreement. This clause is structured to grant the client full ownership of the final custom work they paid for, while protecting DTS TSS’s valuable pre-existing tools and methodologies.
DTS TSS is committed to providing a reliable hosting environment. This SLA defines our uptime commitment and the sole and exclusive remedy available to you should we fail to meet this standard. “Uptime” refers to the percentage of time in a calendar month that our hosting servers are available to respond to HTTP/S requests.
| Monthly Uptime Percentage | Service Credit (% of Monthly Hosting Fee) |
| < 99.9% but >= 99.0% | 10% |
| < 99.0% but >= 95.0% | 25% |
| < 95.0% | 50% |
To receive a credit, you must submit a request to our billing department within ten (10) business days of the end of the month in which the downtime occurred. Downtime caused by factors outside of our reasonable control, including Force Majeure events (Section 16), client-side errors, or scheduled maintenance, is excluded from this uptime calculation. This SLA structure provides a clear, pre-defined remedy for service interruptions, mitigating the risk of larger, unpredictable damage claims.
You agree not to use our hosting services for any unlawful purpose or in any way that violates this AUP. Prohibited activities include, but are not limited to:
Violation of this AUP may result in the immediate suspension or termination of your hosting account without notice and without refund.
DTS TSS will implement and maintain industry-standard security measures to protect the integrity of our hosting servers. We may perform periodic backups of our servers for our own disaster recovery purposes. However, YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN INDEPENDENT BACKUPS OF YOUR WEBSITE FILES, DATABASES, AND ALL OTHER CONTENT. DTS TSS IS NOT RESPONSIBLE FOR ANY LOSS OF DATA.
If you use our services to host an e-commerce platform, you are solely responsible for all aspects of your online store. This includes, but is not limited to, managing product information, processing orders, handling customer service, collecting and remitting sales tax, and ensuring your payment processing methods are compliant with the Payment Card Industry Data Security Standard (PCI DSS).
DTS TSS is committed to conducting its business operations with integrity and transparency, in full compliance with the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Florida Statutes, Chapter 501, Part II. We shall not engage in any unfair methods of competition, unconscionable acts or practices, or unfair or deceptive acts or practices in the conduct of our trade or commerce. This includes, but is not limited to, refraining from false advertising, bait-and-switch tactics, and misrepresentation of our services or their capabilities. This proactive statement serves as both a public commitment and an internal policy guideline.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES PROVIDED BY DTS TSS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION IN MIAMI-DADE COUNTY, FLORIDA, RATHER THAN IN A COURT OF LAW.
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted before a single, neutral arbitrator. The laws of the State of Florida, consistent with the Florida Arbitration Code (Chapter 682, Florida Statutes), shall govern the arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
BY ENTERING INTO THIS AGREEMENT, YOU AND DTS TSS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND DTS TSS AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN YOUR AND OUR RESPECTIVE INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
This provision is a cornerstone of efficient dispute resolution, designed to avoid lengthy and costly litigation.
Neither party shall be held liable for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by an event or circumstance beyond the reasonable control of the affected party and without its fault or negligence. Such events (“Force Majeure Events”) shall include, but are not limited to, acts of God, war, terrorism, riots, civil unrest, labor strikes, and natural disasters. Specifically for our operational area in South Florida, Force Majeure Events explicitly include hurricanes, tropical storms, floods, fires, and widespread power or telecommunications outages resulting therefrom. The party affected by a Force Majeure Event shall provide prompt written notice to the other party. All performance deadlines under this Agreement shall be extended for a period of time reasonably necessary to overcome the effects of the Force Majeure Event, typically up to seven (7) days after essential services are restored. If a Force Majeure Event prevents performance for a continuous period of more than sixty (60) days, either party may terminate this Agreement by giving written notice to the other party.
DTS TSS maintains a written business continuity and disaster recovery plan designed to ensure the timely restoration of critical services, particularly web hosting, in the event of a significant business disruption. This plan addresses key risks and outlines procedures for system recovery and data restoration. While the specific details of the plan are confidential, this clause provides assurance to clients of our commitment to operational resilience and preparedness for the risks inherent in our geographic location and industry.
This Agreement and any dispute arising from it shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Subject to the mandatory arbitration clause in Section 15, the exclusive jurisdiction and venue for any legal action permitted hereunder shall be the state and federal courts located in Miami-Dade County, Florida.
This Agreement has been drafted and executed in the English language. In the event that this Agreement is translated into any other language for convenience or any other purpose, the English language version shall be the official, governing instrument and shall prevail in the case of any conflict, discrepancy, or ambiguity between the versions. This clause is a critical risk management tool in the bilingual Miami-Dade market, preventing disputes arising from translation nuances by contractually establishing a single, authoritative text.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall be interpreted so as to best effectuate the intent of the parties.
This Agreement, together with any applicable Work Orders or SOWs, constitutes the entire agreement between you and DTS TSS with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
All notices, requests, and other communications hereunder must be in writing and shall be deemed to have been duly given when delivered by hand, sent by certified or registered mail (return receipt requested), by a nationally recognized overnight courier, or by email to the addresses on file for each party.
DTS TSS maintains professional liability (Errors and Omissions) insurance coverage appropriate for the scope of its services. While not universally mandated by Florida law for private IT service providers, this practice reflects our commitment to professionalism and risk management.
Contact Information:
DTS Technical Support Services 1581 W 49th St Hialeah, FL 33012 +1 (704) 648-6706 info@dtstss.com