Welcome to the membership terms and conditions. By completing the registration process and becoming a Member, you agree to be bound by the following Terms and Conditions. The terms “Member”, you”, “your” and “yours” refer to you the Member. The terms “company”, “we”, “us” and “our” refer to SmartTECH Technical Services, Inc. You also agree to be bound by the terms of these “Terms of Service” for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account. This agreement sets forth the terms and conditions of Your use of our services.
1- Availability of Services
Membership Services are available only to approved members (each a “Member”) for the registered computer systems (each, a “Registered System”) with SmartTECH Technical Services, Inc.. Toll-free telephone support is only available to Members calling from within the United States. Remote Tech Support hours are 24/7 365 days a year. SmartTECH Technical Services, Inc. is not obligated to provide services under any membership plan if the monthly payment for such a plan has not been collected.
2- Membership Services
The Membership Services include telephone support services, online technical support services, and onsite support services for approved platforms, devices, operating systems, applications and other items. As new computer technology becomes generally available, SmartTECH Technical Services, Inc. will use its best efforts to support such technology. SmartTECH Technical Services, Inc. reserves the right to restrict any member using outdated technology to Basic Plan Services, as deemed necessary by SmartTECH Technical Services, Inc..
3- SmartTECH Technical Services, Inc. Responsibilities
SmartTECH Technical Services, Inc. will use its best efforts to resolve Members’ computer and related technical problems for each registered system. SmartTECH Technical Services, Inc. will attempt to resolve such technical problems in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Live and online response times may be delayed due to research and inquiries, as necessary. SmartTECH Technical Services, Inc. ‘s live or online technical support does not assure that every request for technical support will be resolved to Member’s satisfaction. SmartTECH Technical Services, Inc. has limited proprietary information from vendors, manufacturers, and developers, and may not have the ability to obtain the proprietary information necessary to resolve Member’s technical problem. Technical problems that may arise may be a result of software or hardware errors or problems that may not be correctable or may be too difficult to resolve by telephonic or online support, at which point SmartTECH Technical Services, Inc. will determine if onsite support services can resolve the problem.
Support of registered systems does NOT include any project-related work, such as moving or installing additional hardware, installing new software, work required as a result of failed or faulty manufacturer hardware or software, and designing or developing websites, custom applications, or databases (a complete definition of support work vs. project work, and examples of each, are available to members at any time). All project-related work will be billed on an hourly basis upon approval by the Member.
4- Onsite and Project Services
Onsite and Project Services shall be provided to Members’ existing covered technology as needed to resolve technology support issues that could not be solved using phone or Internet technical support. SmartTECH Technical Services, Inc. reserves the right to exhaust all phone and technical support options it deems reasonable before activating onsite technical support services. SmartTECH Technical Services, Inc. may also provide onsite services for project- related work, which includes any additions to or enhancements of Members’ hardware or any software, as well as any work required as a result of manufacturer hardware or software failure. Member will be billed discounted market rates based on their geographic area and type of work performed. All rates will be billed at 1 ½ x discounted market rate from 6pm-8am during the week, weekends and holidays. Discounted rate information may be obtained at anytime by contacting your SmartTECH Technical Services, Inc.. SmartTECH Technical Services, Inc. retains sole discretion regarding scheduling of onsite services and does not guarantee a specific response time. Onsite Technical Support may not be available in all locations.
5- Third Parties
SmartTECH Technical Services, Inc. reserves the right to deliver some or all services via independent and Company’s authorized third party service representatives and technicians. Member agrees that the authorized third party service representative or technician is an independent contractor whose services were arranged for by SmartTECH Technical Services, Inc. and that Network Services, Inc. does not have control over the manner in which the authorized third party service representative or technician performs his or her services.
6- Scheduled visit cancellation
Twenty-four (24) hour notice is required for any cancellation or rescheduling of regularly scheduled or planned on-site visits. Failure to provide such notice may result, at Company’s sole discretion, in the charging of cancellation fees.
To the extent Member engages SmartTECH Technical Services, Inc. to provide services with respect to security of Member’s network or data, Member will remain liable for the security of Member’s network and data. IN NO EVENT WILL SMARTTECH TECHNICAL SERVICES, INC. BE LIABLE FOR ANY DAMAGES RESULTING FROM SECURITY BREACHES REGARDING MEMBER’S NETWORK OR DATA. THIS DISCLAIMER IS IN ADDITION TO, AND NOT INSTEAD OF, ANY OTHER DISCLAIMERS AND LIMITATION OF LIABILITY IN THIS AGREEMENT.
Member shall be responsible for backup and other protection of its data against loss, damage, or destruction. SmartTECH Technical Services, Inc. will have no obligation or liability with respect to lost, damaged, or destroyed data.
Member agrees to pay Company for all charges prior to service.
10- Failure to pay
If all credit cards we have on file for you are declined for payment of your monthly Membership fee, you have 5 days to provide us a new credit card or your membership will be canceled and the cancellation fee will be assessed.
Member fails to make any payment when due, SmartTECH Technical Services, Inc. shall, upon written notification to Member, have the right to (1) suspend or terminate services to Member, (2) reclaim any SmartTECH Technical Services, Inc. equipment from SmartTECH Technical Services, Inc.’s or Member’s premises (including without limitation any co-location space under either parties control). Member acknowledges and agrees that SmartTECH Technical Services, Inc. shall not be liable for any form of damages alleged or incurred by Member as a result of such suspension or termination of services or reclamation of equipment and/or space. Member agrees to pay for all costs of collection incident to non-payment, including attorney’s fees.
11- Force Majeure
SmartTECH Technical Services, Inc. will not be liable for and will not be considered to be in breach of or default under these “Terms of Service” on account of, any delay or failure to perform as required as a result of any causes or conditions that are beyond Company’s reasonable control and that Company is unable to overcome through the exercise of commercially reasonable diligence.
12- Fees and Refusal of Service
Company reserves the right to refuse service as well as to change fees and rates at any time without notice. Member agrees to pay Company for all charges at the time of service.
13- Limited Liability
Member agrees to release and hold harmless SmartTECH Technical Services, Inc. and its service representatives from any and all liability associated with the performance of service or the provision of parts, and acknowledges also that SmartTECH Technical Services, Inc. offers no explicit or implied warranty or guarantee on services performed or parts provided, other than the manufacturer’s warranty. Member agrees to release and hold harmless Company from all liability for damage or loss as well as any incidental or consequential material or financial damage or loss that may result from the actions of Company, its agents or authorized service representatives, even if Company has been advised of the possibility of such damages. Notwithstanding the foregoing, Company total liability to You for all losses, damages and causes of action shall not exceed the amount you paid for Company’s services.
14- Authorization and Access
Member grants SmartTECH Technical Services, Inc., its agents and authorized service representatives, access and permission to physically disassemble any and all computer systems, components, networks, and peripherals. Member grants Company, its agents, and authorized service representatives, permission to perform modification to Member’s residence or office property for the purpose of installing or troubleshooting computer and networking hardware. Member grants Company, its agents and authorized service representatives, permission to download and install software on Member’s computer and network. Member grants Company, its agents and authorized service representatives, permission to install hardware in Member’s computer and network. Member grants Company, its agents and authorized service representatives, permission to access Member’s computer remotely.
For Onsite IT Support, Member further agrees to authorize the SmartTECH Technical Services, Inc. Representative(s) to enter the Residence or the Office where the equipment to be serviced is located and to provide the SmartTECH Technical Services, Inc. Representative(s) a safe working environment. If the SmartTECH Technical Services, Inc. Representative determines that the working conditions are not safe (including no electric power available), we reserve the right to cancel the visit and the Member may be charged a cancellation fee.
15- Membership Period and Renewal
Member agrees to remain a member, with at least the number of Registered Systems, for one year period, after which the Membership will auto renew. At its sole discretion, SmartTECH Technical Services, Inc. may not automatically auto renew Memberships.
UNLESS YOU NOTIFY US IN WRITING SIXTY (60) DAYS BEFORE THE MEMBERSHIP ENDS THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR MEMBERSHIP WILL AUTOMATICALLY AUTO RENEW FOR ONE YEAR AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE ANY CREDIT CARD WE HAVE ON RECORD FOR YOU TO COLLECT THE MONTHLY MEMBERSHIP FEE AND ANY APPLICABLE TAXES.
16- Membership Cancellation
You may cancel your membership anytime by contacting our Billing Department. If you decide to cancel your membership prior to the end of the one year membership period, you will be charged a cancellation fee equal to the remainder of the Membership payments or $199 whichever is greater. However a full refund will be issued for Membership plans if SmartTECH Technical Services, Inc. has not been able to resolve a single issue in the first week of the Membership.
17- Membership Payment
After initial payment of the setup fee and the first month of Membership, the monthly Membership payment will be deducted from the form of payment on or about the same date each month thereafter.
18- Refund Policy For Additional Services
No refund will be issued on services that have been rendered. A service fee will be deducted from the amount to be refunded on non-rendered services at the sole discretion of Company.
A written request is required to issue any refund. Refunds will be issued to the same form of payment used to pay for services. If our Remote Support Engineer is unable to resolve your computer problem due to hardware issue, you are still be liable for charges for time spent by our Remote Support Engineer.
19- Fair Usage Policy, Suspension or Termination of Membership
Though SmartTECH Technical Services, Inc. has set no fixed upper limit on the amount of telephone or online support requests a Member may make, each Member’s use is subject to SmartTECH Technical Services, Inc.’s “fair use” policy. Under this policy, if at any time, in SmartTECH Technical Services, Inc.’s sole discretion, Member’s use exceeds the level of use reasonably expected from someone using the service, then SmartTECH Technical Services, Inc. reserves the right to suspend or terminate Member’s Subscription Services. In addition, SmartTECH Technical Services, Inc. reserves the right to suspend or terminate any Membership Services of any Member that SmartTECH Technical Services, Inc., in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member, (c) for any computer system other than a Registered System, or (d) Member use of any illegal software.
20- Memberships Non-Transferable
SmartTECH Technical Services, Inc. Memberships, and all rights of Members to receive Membership Services, are non-transferable.
21- Governing Laws and Resolution of Disputes
By purchasing from SmartTECH Technical Services, Inc., you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and SmartTECH Technical Services, Inc. You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and effect. You agree that a court in the County of Hillsborough in the State of Florida must resolve any claim or dispute you may have against SmartTECH Technical Services, Inc. You further agree all claims you bring against SmartTECH Technical Services, Inc. must be resolved in accordance with this Governing Law and Resolution of Disputes Section. All claims filed or brought contrary to the Governing Law and Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Governing Law and Resolution of Disputes Section, SmartTECH Technical Services, Inc. may recover attorneys’ fees and costs, provided that SmartTECH Technical Services, Inc. has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
22- Service Guarantee
It is the sincere desire for every member of the SmartTECH Technical Services, Inc. team to provide exceptional service to our Members. Technology can be complicated and difficult, so sometimes we may not meet your expectations. If this occurs, we ask that you give us feedback and the opportunity to improve.
23- No Warranties
SmartTECH Technical Services, Inc. assumes no responsibility for any errors, or any other information, documents, links, references, products, software, downloads, repair services provided by third-party product or service providers.
24- Exclusions From Membership Services
The following are excluded from the Membership Services:
- Software and software added to the Registered System that is not included in a Membership Plan.
- Issues and problems resulting from:
- External causes such as accident, abuse and misuse.
- Usage that is not in accordance with Registered System instructions provided by manufacturer.
- Failure to follow the Registered System instructions provided by manufacturer.
- Failure to perform preventive maintenance.
- Problems caused by using accessories, parts, or components not compatible with the Registered System.
- Non-Compliance with the SmartTECH Technical Services, Inc. engineer’s instructions.
25- Other Limitations
- We reserve the right to accept or refuse membership at our discretion.
- From time to time, SmartTECH Technical Services, Inc. may choose at its sole discretion to add or remove membership benefits.
26- Third Party Software or Equipment
As part of the Technical Support Services, we may suggest that you acquire, install and use certain 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 on the Registered System, whether or not we directly assists you in the acquisition, installation, and/or use of Third Party Software. SmartTECH Technical Services, Inc. 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.
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.
27- General End User License Agreement (EULA)
In connection with our Service, we may provide to you certain software which is either owned by SmartTECH Technical Services, Inc. or a third party licensors, and suppliers. SmartTECH Technical Services, Inc. and the third party licensors 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 Membership Services in accordance with the Member Plan and for no other purpose.
The Software may be accompanied by a EULA from SmartTECH Technical Services, Inc. or a third party. Your use of the Software is governed by the terms of both that license agreement and the Membership Terms and Conditions, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
28- Modifications to The Membership Terms and Conditions
SmartTECH Technical Services, Inc. reserves the right to amend the Membership Terms and Conditions that govern use of its Services and the 247smarttech.com website at any time by sending information regarding any amendment to the Membership Terms of Service to the email address of the Primary Contact and/or Billing Contact Member provides to SmartTECH Technical Services, Inc. and/or posting on the 247smartetch.com website.