These Terms & Conditions (“Terms”) govern your access to and use of the Dicar Networks website, including dicarnetworks.com, and your interactions with services that expressly incorporate these Terms.
References to “Dicar Networks,” “Dicar,” “we,” “us,” or “our” refer to Dicar Networks. References to “you,” “your,” “user,” or “customer” refer to the individual or organization accessing the website or using an applicable service.
By accessing or using our website or an applicable service, you agree to these Terms. If you do not agree, you should discontinue use of the website or applicable service.
Acceptance & Scope
These Terms establish general conditions governing the Dicar Networks website, communications, and services to which these Terms are expressly applicable.
Some services may be governed by additional agreements, proposals, statements of work, service orders, policies, or other contractual documents.
Your use of the website does not, by itself, create a managed services relationship, consulting engagement, attorney-client relationship, fiduciary relationship, or guarantee that Dicar Networks will provide any particular service.
Dicar Networks Services
Dicar Networks provides information technology, cybersecurity, communications, infrastructure, and related business technology services.
Services may include:
Helpdesk support, device management, network management, monitoring, maintenance, and technology support.
Security assessments, endpoint protection, monitoring, identity security, cybersecurity planning, and related services.
Cloud computing, migrations, backup, disaster recovery, continuity planning, and related infrastructure.
Business telephone systems, unified communications, connectivity, voice services, and related technology.
Technology and cybersecurity support relating to applicable frameworks, assessments, and readiness initiatives.
IT planning, infrastructure reviews, assessments, technology roadmaps, security recommendations, and related consulting.
The exact scope, availability, pricing, and conditions associated with a particular service may be established in a separate written agreement.
Relationship to Other Agreements
Customers may enter into additional agreements with Dicar Networks, including:
- Master Services Agreements (“MSA”)
- Statements of Work (“SOW”)
- Service Agreements
- Proposals
- Quotes
- Order Forms
- Subscription Agreements
- Data Processing or Confidentiality Agreements
If these Terms conflict with a separately executed written agreement governing a particular service, the separately executed agreement will control with respect to that service, unless the applicable agreement expressly provides otherwise.
Eligibility & Authority
By using an applicable Dicar Networks service or entering into an agreement with Dicar Networks, you represent that:
- You are legally capable of entering into a binding agreement.
- You are at least 18 years of age.
- Information you provide is accurate to the best of your knowledge.
- If acting for an organization, you have appropriate authority to act on its behalf.
- You have authority to provide any systems, accounts, data, telephone numbers, credentials, facilities, or resources that you authorize Dicar Networks to access.
Website Information
Information provided through our website is intended for general informational and educational purposes.
Although we work to maintain useful and accurate information, website content may not always reflect the latest:
- Technology developments
- Cybersecurity threats
- Product specifications
- Service availability
- Pricing
- Legal requirements
- Industry standards
- Regulatory requirements
Website information should not be considered a substitute for a formal technical, security, compliance, legal, or professional assessment specific to your organization.
We may modify, update, replace, or remove website content without prior notice.
Customer Responsibilities
Depending on the services being provided, customers may be responsible for:
- Providing complete and accurate information.
- Providing timely access to systems, facilities, devices, and authorized personnel.
- Maintaining necessary licenses and subscriptions.
- Identifying authorized customer contacts.
- Protecting passwords and credentials.
- Informing Dicar Networks of significant infrastructure or security changes.
- Promptly reporting known or suspected security incidents.
- Maintaining legally required notices, permissions, licenses, and policies.
- Ensuring that information provided to Dicar Networks may lawfully be processed.
- Following reasonable security and technology recommendations where appropriate.
A customer's failure to provide required cooperation may affect service performance, security, project schedules, or Dicar Networks' ability to perform the requested work.
Cybersecurity Services & Security Limitations
Cybersecurity involves ongoing risk management. No cybersecurity provider, product, platform, control, or technology can eliminate all cybersecurity risk.
Unless an applicable written agreement expressly states otherwise, Dicar Networks does not guarantee that:
- A system will never be attacked.
- Malware or ransomware will always be prevented.
- Phishing attempts will always be detected.
- Unauthorized access will never occur.
- Every vulnerability will be discovered.
- Data will never be lost, damaged, or corrupted.
- Every security incident or breach can be prevented.
Cybersecurity recommendations are based on available information, identified risks, technology, and conditions at the time services are performed. New vulnerabilities and threats can emerge at any time.
Compliance & Assessment Services
Dicar Networks may assist customers with technology, cybersecurity, regulatory-readiness, insurance-readiness, or compliance-related initiatives.
Unless expressly agreed otherwise in writing, such services:
- Do not constitute legal advice.
- Do not guarantee certification.
- Do not guarantee regulatory approval.
- Do not guarantee successful completion of a third-party audit.
- Do not guarantee compliance with every requirement applicable to a customer's business.
Customers remain responsible for identifying the laws, regulations, standards, contractual requirements, and compliance obligations applicable to their organizations.
Third-Party Products & Services
Dicar Networks may recommend, implement, integrate, configure, resell, support, or interact with products or services supplied by third parties.
These may include:
- Software platforms
- Cloud providers
- Cybersecurity vendors
- Hardware manufacturers
- Backup providers
- Internet service providers
- Telecommunications carriers
- VoIP providers
- Email services
- Domain and hosting providers
Third-party products may be governed by their own terms, warranties, service levels, privacy policies, subscriptions, licenses, and acceptable-use requirements.
Dicar Networks is not responsible for third-party interruptions, discontinuations, price changes, vendor decisions, platform changes, or other matters outside Dicar Networks' reasonable control.
Fees, Payments & Recurring Services
Fees and payment terms for paid services will generally be provided in an applicable proposal, invoice, service agreement, SOW, subscription, or order form.
Customers agree to pay authorized fees according to the payment terms established in the applicable agreement.
Certain managed services, software subscriptions, telecommunications services, monitoring services, or other ongoing services may renew or continue on a recurring basis.
Applicable renewal periods, cancellation requirements, notice requirements, early termination charges, and related conditions will be governed by the applicable customer agreement.
These website Terms alone do not create a recurring paid subscription unless the applicable ordering process clearly establishes such an arrangement.
Telephone Communications & Outbound Calling
Dicar Networks may communicate with current customers, prospective customers, vendors, business contacts, and other organizations by telephone.
Telephone communications may include:
- Responding to inquiries.
- Customer service and technical support.
- Appointment scheduling and confirmations.
- Service-related communications.
- Follow-up communications.
- Business development.
- Sales outreach.
- Lawful outbound prospecting and cold calling.
Dicar Networks may conduct lawful outbound telephone campaigns to businesses and prospective customers to introduce our services, establish business relationships, schedule consultations, or communicate information regarding our technology and cybersecurity offerings.
Caller Identification
Representatives conducting outbound calls on behalf of Dicar Networks are expected to accurately identify themselves and Dicar Networks where appropriate.
Truthful Communications
Dicar Networks does not authorize representatives to knowingly make materially false or misleading representations regarding:
- Dicar Networks' identity;
- The purpose of a call;
- Products or services;
- Pricing;
- Cybersecurity threats;
- Regulatory requirements;
- Government affiliations;
- Certifications;
- Customer relationships; or
- Other material business information.
Caller ID
Dicar Networks does not authorize intentional manipulation or falsification of caller identification information for fraudulent, harmful, or deceptive purposes.
Calls may originate from business telephone numbers assigned to Dicar Networks or numbers lawfully provided through approved telecommunications or calling platforms.
Do Not Call & Communication Preferences
A recipient may request that Dicar Networks stop making applicable marketing telephone calls to a particular telephone number.
When an applicable company-specific Do Not Call request is received, Dicar Networks may retain the telephone number and limited related information for the purpose of honoring the request.
Where required, Dicar Networks and authorized calling providers may use suppression lists and other compliance processes before conducting covered calling campaigns.
You may ask a Dicar Networks representative during a call not to receive further applicable marketing calls from Dicar Networks. You may also contact us using the information at the bottom of this page.
A marketing opt-out may not prevent communications that are requested, transactional, necessary to support an existing customer relationship, or otherwise permitted by applicable law.
Automated Calls, Prerecorded Messages & Automated Texts
Certain telephone or text-messaging technologies may be subject to additional legal requirements depending on the technology, recipient, purpose, telephone number, and nature of the communication.
Where separate consent is legally required for a particular type of automated, artificial voice, prerecorded, or marketing communication, Dicar Networks will seek to obtain the required consent before using that communication method.
Acceptance of these general Terms is not intended, by itself, to constitute consent for any automated marketing telephone call, prerecorded marketing message, or marketing text message where separate consent is required by applicable law.
Where legally applicable, recipients may withdraw previously provided consent through methods recognized by applicable law or through instructions provided with the communication.
SMS/Text Messaging & Email
SMS/Text Messages
Where offered, Dicar Networks may use SMS/text messaging for communications such as:
- Appointment reminders
- Requested information
- Customer service communications
- Service notifications
- Support communications
- Marketing communications when permitted
Message frequency may vary. Message and data rates may apply based on the recipient's wireless carrier and service plan.
Where supported, recipients may reply STOP to request cancellation of applicable text messages and HELP for assistance.
Mobile telephone numbers and SMS consent information will be handled in accordance with our Privacy Policy and applicable requirements.
Email Communications
Dicar Networks may send transactional, informational, educational, security-related, customer-service, and commercial email communications where permitted.
Marketing emails will include an appropriate method for recipients to unsubscribe where required.
An unsubscribe request does not prevent Dicar Networks from sending non-promotional messages necessary to:
- Respond to an inquiry;
- Provide requested services;
- Manage an active account;
- Send invoices;
- Provide security notifications;
- Communicate service information; or
- Complete transactions.
Call Monitoring & Recording
Telephone communications involving Dicar Networks may be monitored or recorded where appropriate and permitted for legitimate purposes including:
- Quality assurance;
- Training;
- Documentation;
- Customer service;
- Security;
- Dispute resolution; and
- Legal or regulatory compliance.
Where applicable law requires notice or consent before a call is recorded, Dicar Networks intends to provide appropriate notice and/or obtain required consent.
If a participant does not wish to participate in a recorded call, the participant may inform the representative so that an alternative communication method may be considered where reasonably available.
Third-Party Communications Providers
Dicar Networks may use third-party telephone, VoIP, CRM, call-center, dialer, email, SMS, or communications technology providers.
Authorized providers conducting communications for Dicar Networks may be required to follow applicable procedures concerning:
- Caller identification;
- Scripts;
- Calling records;
- Communication preferences;
- Do Not Call requests;
- Consent records where applicable;
- Data security; and
- Applicable legal requirements.
Acceptable Use
You may not use the Dicar Networks website, systems, services, or communications channels to:
- Violate applicable law.
- Attempt unauthorized access to systems or data.
- Introduce malware, ransomware, or malicious code.
- Conduct fraudulent or deceptive activity.
- Circumvent security controls.
- Interfere with website or service operation.
- Impersonate another person or organization.
- Infringe intellectual property rights.
- Conduct unauthorized penetration testing.
- Perform unauthorized vulnerability scanning.
- Launch denial-of-service attacks or similar activity.
- Use our services to facilitate cybercrime or other unlawful conduct.
Authorized Security Testing
Penetration testing, vulnerability scanning, exploit testing, credential testing, security assessments, or similar activity against Dicar Networks systems requires prior authorization.
Customers requesting security testing against systems owned by another party represent that they have appropriate authority to authorize the requested testing.
Intellectual Property
Unless otherwise indicated, original content appearing on the Dicar Networks website—including text, graphics, branding, designs, layouts, documentation, logos, educational materials, and other original content—is owned by or licensed to Dicar Networks and may be protected by applicable intellectual property laws.
Without appropriate authorization, you may not:
- Republish substantial portions of our proprietary content.
- Sell or sublicense our proprietary materials.
- Remove copyright or proprietary notices.
- Misrepresent Dicar Networks content as your own.
- Use Dicar Networks trademarks in a manner that falsely implies sponsorship, endorsement, or affiliation.
Third-party trademarks, brands, software, and content remain the property of their respective owners.
Privacy & Data Protection
Our practices concerning personal information are further described in the Dicar Networks Privacy Policy .
The Privacy Policy is incorporated into these Terms where applicable.
If an executed customer agreement contains additional confidentiality, security, or data-processing provisions, those provisions may apply to information processed under that agreement.
Disclaimer of Warranties & Limitation of Liability
Website Disclaimer
To the maximum extent permitted by applicable law, the website and general website content are provided on an “as is” and “as available” basis.
Except for warranties expressly provided in a separately executed agreement, Dicar Networks disclaims implied warranties to the extent such warranties may lawfully be disclaimed.
Limitation of Liability
To the maximum extent permitted by applicable law, Dicar Networks will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from general use of the website.
Limitations applicable to paid customer services will be governed by the applicable executed agreement.
Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited.
Suspension & Termination
Dicar Networks may suspend or restrict services when reasonably necessary due to:
- Nonpayment;
- Security threats;
- Illegal activity;
- Abuse of systems;
- Material breach of an applicable agreement;
- Risk to other customers or infrastructure;
- Third-party provider restrictions; or
- Legal or governmental requirements.
Customer-specific termination rights for paid services will generally be governed by the applicable service agreement.
Provisions that by their nature should survive termination may continue after termination, including provisions concerning intellectual property, confidentiality, payment obligations, disclaimers, liability, and dispute resolution.
Governing Law & Disputes
Except where a separately executed agreement provides otherwise or applicable law requires a different result, these Terms will be governed by the laws of the State of California without regard to conflict-of-law principles.
Subject to applicable law and any controlling contractual dispute-resolution provision, disputes relating to these Terms may be brought in a court of competent jurisdiction located in Santa Clara County, California.
Informal Resolution
Before initiating formal proceedings, the parties are encouraged to attempt in good faith to resolve disputes through direct communication.
Nothing prevents a party from seeking appropriate immediate relief when reasonably necessary to protect confidential information, intellectual property, system security, or other legally protected interests.
Severability
If any provision of these Terms is determined to be invalid or unenforceable, that provision may be limited or interpreted to the minimum extent necessary where permitted, and the remaining provisions will continue in effect.
No Waiver
Failure by Dicar Networks to enforce a provision of these Terms does not constitute a waiver of that provision or another right.
Changes to These Terms
Dicar Networks may update these Terms periodically to reflect changes in:
- Our services;
- Our website;
- Technology;
- Communications practices;
- Business operations; or
- Applicable legal requirements.
When these Terms are updated, the “Last Updated” date at the top of this page will be revised.
Where appropriate or legally required, additional notice may be provided concerning material changes.
Updating these website Terms does not automatically modify a separately executed customer agreement unless that agreement expressly provides otherwise.
Contact Dicar Networks
If you have questions concerning these Terms & Conditions or wish to contact Dicar Networks regarding your communication preferences, please contact us.
Dicar Networks
Managed IT, cybersecurity, communications, cloud, backup, and business technology services.
Morgan Hill, CA 95037