TERMS OF SERVICE

TERMS OF SERVICE

Welcome to SwifTechs.com. Our Terms of Service cover the following broad areas:

  1. General Terms and Conditions
  2. Remote Assistance and Help Desk Terms and Conditions

GENERAL COMPUTER SERVICE TERMS AND CONDITIONS

The Engagement

Customer engages SwifTechs and/or its suppliers to: inspect, evaluate, and identify the problem (if not already identified); and/or retrieve, or minimize the damage to, the equipment/data/media; and/or provide other services as may be requested by Customer.

Confidentiality and Storage of Customer Data

SwifTechs will use any Customer information contained in the data, media and/or equipment provided to SwifTechs by Customer only for the purpose of fulfilling the Engagement, and will otherwise hold such Customer information in the strictest confidence. Any confidential information disclosed by Customer under this agreement will remain Customer’s sole property, and SwifTechs shall employ reasonable measures to prevent the unauthorized use of such information. SwifTechs will not disclose confidential information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to SwifTechs) and not to any other party. SwifTechs is under NO obligation to store customer data, and will ONLY do so for the purpose of this service request. Data availability is not guaranteed.

Payment

Customer agrees to pay SwifTechs all sums authorized from time to time by Customer, which will typically include charges for SwifTechs services, reasonable travel and per diem expenses for on-site work, shipping and insurance (both ways), and actual expenses, if any, for parts, media, and/or off-the-shelf software used in the Engagement. Unless otherwise agreed to in advance by SwifTechs, all such sums are due and payable in advance, by company check, bank money order, or credit card.

Acknowledgment of Existing Conditions

Customer acknowledges that the equipment/data/media may be damaged prior to SwifTechs receipt, and Customer further acknowledges that the efforts of SwifTechs to complete the Engagement may result in the destruction of or further damage to the equipment/data/media. SwifTechs regrets that it will not assume responsibility for additional damage that may occur to the Customer’s equipment/data/media during SwifTechs efforts to complete the Engagement.

Service follow-up warranty:

If a computer issue or problem, which has been deemed resolved by SwifTechs, reoccurs within 14 days of the conclusion of a specific repair or service call, SwifTechs will review and re-diagnose the issue for no additional charges. Follow-up and review of the system or systems will occur in the same manner which the issue was initially diagnosed. For example, in-store services will be reviewed at SwifTechs store, dispatched services will be reviewed and re-diagnosis on-site. In-store cases can be upgraded to an on-location review for $40.

If it is deemed by SwifTechs personnel that symptoms are unrelated to the original repair, or that a new issue or problem is present which was not evident during the original resolution, additional charges may apply at the discretion of SwifTechs, with customer approval. SwifTechs may also attempt telephone technical support, or remote assistance via the internet. SwifTechs personnel shall be arbiters of the conditions of the equipment upon review.

After the 14 day warranty period normal service charges will apply for all re-diagnosis. We promise to deliver service you can rely on.

Transportation of Equipment:

Customer acknowledges that the equipment/data/media may be damaged during the normal course of work, including transportation to and/or from the original equipment location, or to and/or from customer’s place of business or home. Customer agrees to indemnify SwifTechs and SwifTechs officers, employees, and directors from any and all losses associated with damage to equipment during the normal course of transportation and service. Customer may elect to transport equipment to and from SwifTechs store.

Limitation of Liability; Limitation of Damages

In no event will SwifTechs be liable for any indirect damages whatsoever. The total liability of SwifTechs to Customer under this Agreement shall in no event exceed the total sums paid by Customer to SwifTechs.

Backup

Customer understands that if customer elects NOT to backup or recover my data during service computer service, and/or before the operating system is reloaded, that all data that was previously on customer’s computer or other equipment MAY be lost & unrecoverable. Data availability is NOT guaranteed under any circumstances.

Customer’s Representation and Indemnification

Customer warrants to SwifTechs that it is the owner of, and/or has the right to be in possession of, all equipment/data/media furnished to SwifTechs; and Customer will defend, at its expense, indemnify, and hold SwifTechs harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against SwifTechs resulting from Customer’s breach of this section.

Miscellaneous

The parties agree that the laws of the state of Missouri shall govern this Agreement and agree to venue in St. Louis, Missouri; provided, however, that if any provision of this Agreement is in violation of any applicable law, such provision shall to such extent be deemed null and void, and the remainder of the Agreement shall remain in full force and effect. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent performance is rendered impossible due to causes beyond such party’s reasonable control. This Agreement, together with any exhibits or other attachments provided by SwifTechs, constitutes the entire Agreement between the parties in relation to this subject matter.

Prices

Prices contained in any quotation, purchase order or contract are exclusive of and customer is responsible for all federal, state, municipal, or other government, excise, sales, use, import/export tariffs (duties) or like taxes.

Payment Terms

Unless otherwise stated, payment for any purchase made by customer is due at the time services are rendered by SwifTechs or, with prior approval of SwifTechs, within fifteen (15) days from the date of invoice. Interest at the rate of 1 ½ % per month will be charged on accounts past due. SwifTechs reserves the right to require cash on delivery or to suspend delivery of any order whenever customer’s account is past due.

Limited Warranties

Computer Systems SwifTechs warrants that all parts and labor on complete computer systems purchased from SwifTechs will be free from defects in material and workmanship for a period of (1) years from the date of installation. Dell ® or other name-brand systems are covered by Manufacturers warranties in lieu of SwifTechs warranty, unless otherwise stated.

Hardware

SwifTechs warrants that all hardware installed by SwifTechs on customer’s computer will be free from defects in material and workmanship for a period of (1) year from the date of installation, unless otherwise stated.

Software

SwifTechs makes no warranty, express or implied, regarding any Software. SwifTechs does not guarantee the accuracy, adequacy or completeness of the services provided in connection with any software. Customer acknowledges and agrees that customer is responsible for compliance with all applicable licenses or other agreements with respect to software. Customer agrees that any request by customer for installation of software by SwifTechs shall constitute customer’s representation and warranty that customer has the right to use the software in the manner in which it is then being used. Customer agrees that SwifTechs and it’s affiliates shall have no liability whatsoever for breach of any license or other agreement between customer and any third party, and customer hereby agrees to indemnify and hold harmless SwifTechs, it’s owners, officers, directors, employees, agents and affiliates from any and all liability, damages, costs and expenses (including legal fees) arising out of the breach of or noncompliance with any such third party agreement.

Exclusions from Warranties

The warranties above are limited warranties and SwifTechs does not warrant or cover:

  • Damage caused by moving the Equipment in any fashion
  • damage caused by impact with other objects, dropping, falls, spilled liquids or immersion in liquids;
  • damage caused by disasters such as fire, flood, wind, earthquakes, or lightning;
  • damage caused by modifications, changes, additions, or attachments not approved in writing by SwifTechs;
  • defects of damage caused by failure to provide a suitable environment for the hardware system;
  • damage caused by use of the hardware system for purposes other than those for which it was intended;
  • damage resulting from improper maintenance; and
  • damage caused by any other abuse, misuse, mishandling or misapplication.

Procedures for Warranty Service

Customer shall promptly notify SwifTechs of the defect, including a reasonable detailed description of the problem or difficulty, which has been experienced.

Disclaimers and Limitations of Liability

To the fullest extent permissible by law, SwifTechs disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to services provided, and/or Content or other materials provided either in-store, or on our website. SwifTechs does not warrant the accuracy, completeness or usefulness of any information contained on this site or that the functions contained in the Content will be uninterrupted or error-free, that defects will be corrected, or that the materials, this site or the server that makes them available are free of viruses or other harmful components. You (and not SwifTechs) assume the entire cost of all necessary servicing, repair or correction.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SWIFTECHS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM SERVICES PROVIDED. IN NO EVENT SHALL SWIFTECHS’S TOTAL LIABILITY TO YOU FROM ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO SWIFTECHS, IF ANY, FOR ANY SERVICES PROVIDED BY SWIFTECHS.

You agree to indemnify, defend and hold SwifTechs and its officers, directors, owners, agents, and information providers harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any SwifTechs Services provided. SwifTechs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you agree to cooperate with SwifTechs defense of such claim.

REMOTE ASSISTANCE TERMS AND CONDITIONS

IMPORTANT NOTICE: These Terms of Service apply only to remote assistance and help desk services, which mean SwifTechs performs technology services for you over the telephone and/or via the internet. Please note that different Terms of Service apply to services rendered at SwifTechs stores (see General Computer Service Terms and Conditions above for more information.)

REMOTE SERVICES

(a) General Services:

SwifTechs will attempt to diagnosis your technology problem, and then provide you with a technology solution over the telephone or via the Internet. In certain cases, however, problem diagnosis and support may not be completed because of a problem with your computer or its configuration that is beyond our control. All help desk and remote assistance services, provided in any fashion, include minimum support and/or diagnostic fees.

(b) Remote Assistance Services:

Remote assistance services may be offered to you over the telephone or via the Internet if your PC was built within the last four years, you have a working cable or DSL high speed Internet connection, and your operating system is Microsoft Windows 2000 or newer, with the exception of Windows Millennium Edition.

If you elect to receive remote assistance, then SwifTechs remotely logs on through your high-speed Internet connection to view, and with your permission, control, your computer desktop from a remote location. SwifTechs stays in contact with you to keep you fully briefed on every step of the process as your technology problem is resolved. Remote support may involve the installation of software on your computer that will allow SwifTechs to provide the remote support services. By electing to receive remote support, you agree to allow SwifTechs to use whatever tools deemed necessary to repair your computer, including remote access. You understand that if remote access is used on your computer there may be software from the remote session left on your computer; additionally, there may be notes, possibly in the form of a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer.

c) Your Responsibility:

You understand and agree that prior to contacting or allowing SwifTechs to perform diagnostic repair or other services on your computer, it is your responsibility to back-up the data, software, information or other files stored on your computer disks and/or drives. You acknowledge and agree that SwifTechs shall not be responsible under any circumstance for any loss or corruption of data and/or software. All services are governed by our general disclaimers regarding data and data backup.

SERVICE WARRANTY

If you are not satisfied with remote services received from SwifTechs, please call 314.481.3000. We warrant our remote services for 14 days following the date you received remote service; however, for repairs necessitated by a virus or spyware, the service warranty is valid only if the anti-virus and anti-spyware protection for your product is installed or updated during the repair or promptly thereafter (i.e., before you connect again to the Internet). If there is a problem with the service provided by SwifTechs and if you notify us within the warranty period, we will work to remedy your problem quickly and at no additional cost, in the same manner in which the service was provided. You may elect, for an additional fee, to upgrade your service issue to an on-location, physical, appointment with a technologist. Fees will be charged according to our standard billing rates, and are subject to change at any time without notice.

PRIVACY POLICY

For information about the collection and use of your information, please refer to SwifTechs’s Privacy Policy , which is available at www.SwifTechs.com or by contacting SwifTechs at 314.481.3000

LAST UPDATED: June 1 st , 2008

IMPORTANT NOTICE: These terms of service apply to any and all services ordered from SwifTechs by phone at 314.481.3000, or any other contact phone number(s), as well as services ordered at a SwifTechs store. However, services ordered in-store may differ from the terms of service defined here, depending on the service ordered.

PAY FOR SUPPORT

(a) Services:

SwifTechs will attempt to diagnose and solve problems over the telephone or internet for an applicable fee. In certain cases, however, this may not be possible because of problems with your computer or its configuration that are beyond our control.

(b) User Responsibility:

You understand and agree that before SwifTechs performs diagnostic repair on your computer, it is your responsibility to back up the data, software, information, or other files stored on your computer disks and/or drives. You acknowledge and agree that SwifTechs shall not be responsible under any circumstance for any loss or corruption of data and/or software.

1. ON-LOCATION COMPUTER SERVICE SCHEDULING

Standard service hours are Monday through Friday 9 A.M. to 6 P.M., We are also open Saturdays and Sundays 10 A.M. to 4 P.M. Additional charges may apply for rapid response or service outside of standard hours. On-location and remote assistance services are not available on weekends, unless prearranged.

SERVICE AREA

SwifTechs on-location services are provided within a 50 mile radius of the SwifTechs store. If a location lies beyond SwifTechs’s standard Service Jurisdiction, additional travel charges may apply.

ADDITIONAL or ADD-ON SERVICES

These are available only to customers who have already purchased one on-site service and must be one of the following: backup, software installation, software service, memory installation, sound/video card installation, network card installation, modem installation, CD/DVD-RW installation, or CD/DVD-ROM installation, and many more. Please refer to our standard pricing and service descriptions for more information. Services listed on SwifTechs.com are not a complete list of all services provided. Please call 314.481.3000 for more information.

INSTALLATION AUTHORIZATION

For on-site services, a person at least 18 years of age must be present during the entire time period services are provided. If no adult is present when the SwifTechs agent arrives, services will be denied and a cancellation charge will be assessed in the amount of the minimum on-location diagnostic fee ($99).

RESPONSIBILITY

it is your responsibility to back up all software and data on your computer’s hard drive(s) and/or any other storage devices before the SwifTechs agent arrives. SwifTechs and/or its third-party service provider shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. SwifTechs does provide backup solutions, and can assist in setting up a backup system.

2. MINIMUM SYSTEM REQUIREMENTS

(wireless home networking only)

  • At least 10MB free hard disk space and 32 MB RAM on each computer
  • Operating system and/or ISP passwords must be available
  • Microsoft Windows 2000 operating system or later, with the exception of Windows ME
  • Operating system discs and key codes must be available
  • All computers and/or peripherals must be in good working order and spyware free
  • Broadband services, if any, must be installed and operational before service, including modem connections.

ACCESS

The SwifTechs Technologist must have 1) access to your residence or business and the computer(s) and/or peripheral(s) to be serviced, 2) your consent and cooperation to enter your residence or business, 3) a safe working environment, work space, and 4) electrical power. If the SwifTechs Technologist determines that these conditions have not been met, services may be denied and a cancellation charge assessed in the amount of the minimum diagnostic fee ($99).

3. AUTHORIZED USER, USE, AND RESPONSIBILITIES

3.1 You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You understand that SwifTechs relies on the information you supply and that providing false or incorrect information may result in Service withholding or delays or the suspension or termination of your customer account. You agree to promptly notify SwifTechs whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).

3.2 You agree that you are responsible for all use on your account, including any secondary personnel, employees, or your agents which may use services on your account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission.

3.3 If you purchase a help desk plan, for personal or business use, that includes a pre-determined allocation of Services (for example, pre-purchasing a certain number of hours of help desk or remote assistance services, unused allotment of Services will remain in your customer account until used.

3.4 If you pre-purchase or subscribe to any SwifTechs Services: You may not resell the Service, use it for high volume purposes, or engage in other similar activities, or use it as a virtual support center, as determined solely by SwifTechs.

3.5 If you purchase help desk support hours for one computer, or a block of computers, you may only use the service in connection with those computers. You hereby acknowledge and agree that help desk, remote assistance, and maintenance plans cover only the software, hardware and peripherals. SwifTechs reserves the right to charge an additional fee to perform Services that you request that are not covered by any service plans or agreements, or to refuse to perform such service. As part of our services, SwifTechs may require you to install certain software to assist SwifTechs in the provision of the Services. SwifTechs reserves the right to terminate this Agreement if you (i) do not agree to install the software on your PC; or (ii) alter, modify or disable the software, or its settings or configurations.

4. PRIVACY POLICY

Your privacy is important to SwifTechs. SwifTechs will treat your personal information in accordance with its current Privacy Policy , subject to change from time to time. You agree to the terms of the Privacy Policy , which describes SwifTechs’ use and disclosure of information about you, your account and your use of the Service.

5. AVAILABILITY OF SERVICE

5.1 The Service you select may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be able to receive the Service even if initial testing showed that your connection was qualified or your computer environment was suitable. Services are subject to our standard business hours policies. For Remote Assistance, we may choose to qualify your internet connection for the minimum line rate (speed) available for support. All help desk and remote assistance services require internet access; it is your responsibility to ensure that you have adequate connectivity to the Internet. All Services are provided on an AS IS basis. Line rate, access and availability of Service are not guaranteed.

5.2 SwifTechs or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

5.3 SwifTechs will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time. However, you hereby acknowledge that circumstances outside of SwifTechs’s control (e.g., a large scale outbreak of a new computer virus) may cause significant delays in SwifTechs’s ability to schedule a service session. You hereby release SwifTechs from any and all liability, and agree that SwifTechs shall not be liable to you or any third party for any direct or indirect damages, resulting from such delays.

6. SOFTWARE LICENSES AND THIRD PARTY SERVICES

6.1 In connection with our Service, we may provide to you, via download, CD, other media, or other delivery method the use of certain software which is owned by SwifTechs or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software (“Software”). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of or for use with the Service and for no other purpose.

6.2 The Software may be accompanied by an end user license agreement from SwifTechs or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.

6.3 With regard to any Software for which your acceptance of a separate license agreement is not required (“SwifTechs Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by SwifTechs to use the SwifTechs Software (and any corrections, updates and upgrades). You may not make any copies of the SwifTechs Software. You agree that the SwifTechs Software is the confidential information of SwifTechs or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The SwifTechs Software contains copyrighted material, trade secrets, patents, and proprietary information owned by SwifTechs or its third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the SwifTechs Software, or otherwise reduce the SwifTechs Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the SwifTechs Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the SwifTechs Software. You acknowledge that this license is not a sale of intellectual property and that SwifTechs or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the SwifTechs Software and related documentation, as well as any corrections, updates and upgrades. The Software may be used in the United States only, and any export of the SwifTechs Software is strictly prohibited.

6.4 Third Party Software: As part of the Services, SwifTechs may suggest that you acquire, install and use certain third party software (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether SwifTechs assists you in the acquisition, installation, and/or use of Third Party Software. SwifTechs has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.

6.5 We provide technical assistance and support for the Software and the SwifTechs Software in accordance with our policies. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

6.6 Your license to use the Software and the SwifTechs Software shall remain in full force and effect unless and until terminated by SwifTechs, its third party licensors, providers or suppliers, or until your customer account is terminated. Upon termination of your customer account for any reason, you must cease all use of the Software and the SwifTechs Software and immediately delete the Software and the SwifTechs Software from your computer.

6.7 Other Third Party Agreements: As part of the Services, SwifTechs may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that SwifTechs may elect to make available from time to time. Violation of such third party provider’s terms of service may, in SwifTechs’s sole discretion, result in the termination of your customer account and use of service.

7. TERM AND TERMINATION

7.1 Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph, until terminated by either party as permitted by this Agreement. Billing for your remote, on-site, drop-off or telephone computer support service will apply on an ‘as used’ basis.

7.2 Termination of Service.

7.2.1 If you are a pay-as-you-go, help desk, or maintenance subscription service customer, either you or SwifTechs may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. Activation or set-up fees paid at the initiation of your service, if any, are not refundable. Termination by SwifTechs shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by SwifTechs, for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You understand and agree that any software that you acquire and install as part of service provision may cease to operate, update or function properly after termination of the agreement and relationship.

7.2.2 Termination and/or Suspension by SwifTechs. If, in the sole discretion of SwifTechs: (a) you are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, SwifTechs’s network, or the use and enjoyment of other users; (c) SwifTechs receives an order from a court to terminate your Service; (d) if SwifTechs for any reason ceases to offer the Service; (e) if you are no longer a SwifTechs customer, or (f.) SwifTechs determines that you are abusing the Service or using the Service excessively then, SwifTechs at its sole election may terminate or suspend your Service immediately without notice.

7.2.3 Terminated Account. SwifTechs, in its sole discretion, may refuse to accept your request for service, renewal or re-subscription following a termination or suspension of your use of the Service.

8. PRICING AND PAYMENT

8.1 Pricing and Fees. SwifTechs fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the SwifTechs web site, unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan, as well as any, applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. Any monthly recurring charges (subscription help desk or maintenance plans) will be billed one month in advance; usage charges will be billed in arrears, and pre-purchase plans will be billed in advance, if applicable. SwifTechs or its agent will bill you directly, or charge your credit card, as you request and as approved by SwifTechs. SwifTechs does not accept debit cards for payment of any charges or fees.

8.2 Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time in the placement of Service charges on your credit card, or your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.

8.3 Late Fees. If any portion of your bill is not paid by the due date, SwifTechs may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of five percent (5%) per month, or the highest rate permitted by law. In the event SwifTechs utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys’ fees.

8.4 Local telephone, Toll and Long Distance Charges. Whether you are accessing the Service from your home or away from your home, you are responsible for all telephone charges.

8.5 You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with any requirements of the changed Service.

8.6 Missed Appointments. If you do not contact SwifTechs a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you may be charged, at SwifTechs’s option, a missed appointment fee according to the following schedule: On-location computer support: $40 missed appointment fee, Remote Assistance Support: $25 service fee that is converted into 15 minutes of remote support and added to your account for future use

8.7 Service without Resolution. SwifTechs will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer or network problem. If SwifTechs is unable to resolve your computer problem, you will still be liable for charges for time spent by SwifTechs in an attempt to correct a problem.

8.8 Unable to Create Online Connection. SwifTechs will not charge you if SwifTechs cannot connect with your computer in attempt to provide remote computer support service.

8.9 The waiver of any fees or charges lies solely at the discretion of SwifTechs.

8.10 SwifTechs reserves the right to charge service fees to a customer’s credit card up to eight (8) weeks after the conclusion of service.

8.11 All customer hardware, software and services that are not paid in full for become the property of SwifTechs after 60 days of completed service.

9. LIMITATIONS ON USE OF THE SERVICE

9.1 You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.

9.2 You agree that the Internet is not owned, operated or managed by, or in any way affiliated with SwifTechs and SwifTechs is not responsible and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Service. You further agree that SwifTechs does not own or control all of the various facilities and communications lines through which service may be provided, nor does SwifTechs guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by SwifTechs.

9.3 You agree that SwifTechs cannot and does not guarantee or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.

9.4 You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. SwifTechs is not responsible for invalid destinations, transmission errors, or corruption or security of your data.

9.5 You are not authorized to use any SwifTechs name or mark as a hypertext link to any SwifTechs Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of SwifTechs. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply SwifTechs’s approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content.

10. WARRANTIES AND LIMITATION OF LIABILITY

10.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY SWIFTECHS (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), SWIFTECHS (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY SWIFTECHS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF SWIFTECHS COMPUTER SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

10.2 SWIFTECHS DOES NOT WARRANT THAT THE SERVICE PROVIDED BY SWIFTECHS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. SWIFTECHS SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. SWIFTECHS MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. SWIFTECHS MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

10.3 IN NO EVENT SHALL SWIFTECHS (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF SWIFTECHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

10.4 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO SWIFTECHS’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

10.5 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH SWIFTECHS (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), SWIFTECHS’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GSPS, ARE COLLECTIVELY RESPONSIBLE.

10.6 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

10.7 SWIFTECHS RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless SwifTechs from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet.

12. NOTICES

12.1 Notices required under this Agreement by you shall be provided to the SwifTechs, Attn: Customer Service. Notices by SwifTechs to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.

12.2 With regard to electronic communications, you and SwifTechs further agree that, when applicable: (a) the User ID and/or alias of a sender, contained in an electronic communication (“email”), is legally sufficient to verify the sender’s identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.

13. GENERAL PROVISIONS

13.1 All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.

13.2 SwifTechs will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.

13.3 You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.

13.4 You and SwifTechs agree that the substantive laws of the State of Missouri, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND SWIFTECHS CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN ST. LOUIS COUNTY, MISSOURI FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Missouri laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

13.5 Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is SwifTechs or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.

13.6 In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service.

13.7 SwifTechs’ failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.

13.8 This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and SwifTechs with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.