§ 1) SERVICE CANCELLATION FEE AND EARLY TERMINATION FEE

Call the number on your invoice/receipt to cancel a service.
To cancel, the client must provide Digitory Solutions Inc. with verbal and written notice (email or Fax are accepted) of cancellation, dated no later than 48 hours from the moment the client has sent us the 10% down-payment fee, to avoid the applicable early termination fee (the “Early Termination Fee”).

If you cancel a service within 48 hours of the payment of the 10% down-payment fee, then Digitory Solutions Inc. charges the 10% down-payment as a Service Cancellation Fee, which Digitory Solutions Inc. has received or is supposed to receive from you. This fee is NON-Refundable and is retained by us as compensation for work related to a canceled service; this down-payment is not refundable or redeemable for cash or credit during or after the 48-hour cancellation period.

If your cancellation falls outside the allotted 48 hours cancellation period, then an Early Termination Fee of 50% of the total to-be-invoiced amount will be applicable for each service that you have canceled with Digitory Solutions Inc. Furthermore, upon acceptance of the Terms of Service, you grant us the right to charge your credit card if you have canceled service after the 48 cancellation period, and allow us to levy the Early Termination Fee.

Any rebate offers associated with a canceled service will be voided and are not redeemable and are non-transferable to a different or same service.

§ 2) BILLING AND PAYMENT

• All clients are required to Pre-pay 10% of the total invoice.
• All clients agree to receive their bill/invoice in an electronic form, via email.
• Clients who utilize Digitory’s Remote Inventory Services agree to pay all invoices via credit card.

Our “per line” fee ensures easy and accurate billing. You will receive an invoice amounting to 10% of the total cost and an agreement allowing us to bill the remaining 90% of the total cost against your credit card once you have received the completed work.

Payments are due upon receipt of electronic invoices. Each electronic invoice rendered by Digitory Solutions Inc. to the client shall be paid immediately. If a credit card transaction has failed, it is the clients’ responsibility to ensure that the invoice is paid within 30 days. After 30 days a 5% interest charge will apply and accrue monthly. If a defaulting client does not ensure payment of outstanding dues within a reasonable time, Digitory Solutions Inc. reserves the right to report a payment defaulting party to the appropriate credit reporting agencies.

§ 3) INDEMNIFICATION

The Client hereby warrants to Digitory Solutions, Inc., that its service request are in no way a violation of any existing law; that they contain nothing objectionable, and hereby indemnifies the Digitory Solutions, Inc. against any loss, injury or damage which may be occasioned to Digitory Solutions Inc. in consequence of any breach of this warranty arising from requesting and/or receiving service from Digitory Solutions Inc.

By the issuance of an Order to Digitory Solutions Inc., the Client fully assumes all costs and damages (including legal costs and awards ordered against Digitory Solutions Inc.) in respect of any claim made against Digitory Solutions Inc. arising from the rendered service or its publication thereof.

Digitory Solutions Inc. is not responsible for any loss howsoever occasioned, as a result of delay or failure to create any report/scope of loss/ loss evaluation and where any such work is not delivered; the client must pay at the stipulated rate for all the services which have in fact been rendered.

§ 4) LIMITS OF LIABILITY

Digitory Solutions Inc.’s liability concerning quality extends only to those reports/scope of losses/ loss evaluations produced originally, and in their entirety, by Digitory Solutions Inc. staff.

Digitory Solutions Inc. assumes no liability for any information supplied by the customer (the customer who hired Digitory Solutions Inc.), the customer’s client(s) (the insure aka the person that hired the Public Adjuster, or any third party.

Digitory Solutions Inc will exercise reasonable care and skill in the creation and evaluation of the Scope of Losses, but where the service is not delivered in the manner specified in the Contract, whether through any failure or negligent act or omission on the part of Digitory Solutions Inc. or through any failure or negligent act or omission of any third party, Digitory Solution Inc.’s maximum liability to the Client shall be limited to the invoiced amount relevant and only to the service concerned.

Digitory Solution Inc. shall not be liable for any direct, indirect, special, or consequential loss or damage arising from failure to deliver/produce/create any reports/scope of losses/ loss evaluations as agreed with, including any non-deliverance or inaccurate evaluation of a loss, whether caused by the Digitory Solution Inc’s error, negligence or any other reason whatsoever. Digitory Solutions Inc. shall not be liable in respect of any error or omission in respect of deliverance/creation of any reports/scope of losses/ loss evaluations which is not notified of Digitory Solutions in writing within twenty-eight days of the actual delivery date of the service.

Digitory Solution Inc. cannot take any responsibility for the accuracy of the copy given verbally or handwritten to Digitory Solution Inc.

For all services rendered, with exception of the On-site Inventory service, Digitory does not agree to testify on behalf of any party on any issues pertaining to any party’s claim to an insurance carrier. This includes, but is not limited to, Interrogations under oath (IUO), meetings, phone conversations, court proceedings, civil matters, appraisals, disputes, lawsuits, disagreements, criminal matters, or any form of communication between any party other than the party who Digitory Solutions Inc. has contracted with.

Digitory Solutions Inc. is not responsible for any costs, losses, judgments, earnings, wages, reputation, good standing, court fees, attorney expenses, or any cost which arises from the absence of our testimony or any other situation mentioned in the paragraph above.

§ 5.) REFUNDS AND RETURNS

Services booked and reports received cannot be exchanged or returned under this policy. NO REFUNDS will be entertained.

§ 6.) DELIVERY POLICY

Digitory Solutions Inc. reserves the right to refuse or cancel any service without reason or notice (returning any money paid), and also to alter or postpone the delivery date.

All work/reports and evaluations, created by Digitory Solutions Inc, are delivered in an electronic format such as PDF, Microsoft Excel, or Microsoft Word and will be delivered through the Internet in an electronic form, via a secure download link from www.box.net or any other secure download portal.

§ 7) CONFIDENTIALITY

All correspondence and documents provided by the client will be treated as confidential between the client and Digitory Solutions Inc. or their assistants unless consent to the contrary or otherwise has been granted by both parties involved.

Insured’s, Public Adjusters’, and Carrier’s material/documents are held by Digitory Solution Inc. at the owner’s risk. Digitory Solution Inc. will retain documents, emails, or other material for up to 12 months and reserves the right to destroy them thereafter.

§ 8) LEGAL ACTION

Disputes if any, are subject to the jurisdiction of the Courts of New York (USA) and this is the only competent jurisdiction for resolving all legal disputes related to the present Terms and Conditions, including, but not limited to, their validity, their interpretation, their execution and/or their cancellation and its consequences.

The Terms & Conditions as stated above represent the entire agreement and contract between Digitory Solutions Inc. and the Client. No other terms or conditions of contract exist, either stated or implied, outside of this document unless otherwise mutually agreed to in writing between Digitory Solutions Inc. and the Client at the time of order.