If you purchase a service or a product from SmartTECH Technical Services, Inc., you accept these “Terms of Service”. The terms “customer”, you”, “your” and “yours” refer to you the customer. 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- Membership Terms and Conditions
If you are a Member please review the Membership Terms and Conditions which governs your Membership.
2- 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.
3- 7 DAY Onsite Labor Warranty:
For your peace of mind if the same problem returns within 30 days after our technician has completed his or her service, we will gladly fix it at no charge to you.
To the extent Customer engages SmartTECH Technical Services, Inc. to provide services with respect to security of Customer’s network or data, Customer will remain liable for the security of Customer’s network and data. IN NO EVENT WILL SMARTTECH TECHNICAL SERVICES, INC. BE LIABLE FOR ANY DAMAGES RESULTING FROM SECURITY BREACHES REGARDING CUSTOMER’S NETWORK OR DATA. THIS DISCLAIMER IS IN ADDITION TO, AND NOT INSTEAD OF, ANY OTHER DISCLAIMERS AND LIMITATION OF LIABILITY IN THIS AGREEMENT.
Customer 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.
Customer agrees to pay Company for all charges prior to service.
7- Failure to pay:
Customer fails to make any payment when due, SmartTECH Technical Services, Inc. shall, upon written notification to Customer, have the right to (1) suspend or terminate services to Customer, (2) reclaim any SmartTECH Technical Services, Inc. equipment from SmartTECH Technical Services, Inc.’s or Customer’s premises (including without limitation any co-location space under either parties control). Customer acknowledges and agrees that SmartTECH Technical Services, Inc. shall not be liable for any form of damages alleged or incurred by Customer as a result of such suspension or termination of services or reclamation of equipment and/or space. Customer agrees to pay for all costs of collection incident to non-payment, including attorney’s fees.
8- 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. Customer agrees that the authorized third party service representative or technician is an independent contractor whose services were arranged for by Company and that Company does not have control over the manner in which the authorized third party service representative or technician performs his or her services.
9- 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.
10- 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. Customer agrees to pay Company for all charges at the time of service.
11- Limited Liability:
Customer 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. Client 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.
12- Authorization and Access:
Customer 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. Customer grants Company, its agents, and authorized service representatives, permission to perform modification to Customer’s office property for the purpose of installing or troubleshooting computer and networking hardware. Customer grants Company, its agents and authorized service representatives, permission to download and install software on Customer’s computer and network. Customer grants Company, its agents and authorized service representatives, permission to install hardware in Customer’s computer and network. Customer grants Company, its agents and authorized service representatives, permission to access Customer’s computer remotely.
For Onsite IT Support, Customer 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 Customer may be charged a cancellation fee.
13- Refund Policy:
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.
14- 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.
15- 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.
16- Modifications to Terms of Service
SmartTECH Technical Services, Inc. reserves the right to amend the Terms of Service that govern use of its Services and the 247smarttech.com website at any time by sending information regarding any amendment to the Terms of Service to the email address of the Primary Contact and/or Billing Contact Customer provides to SmartTECH Technical Services, Inc. and/or posting on the 247smarttech.com.com website.