Service Agreement
SERVICE AGREEMENT
INITIAL PAYMENT: The Initial setup fee and payment for the term of service shall be made in advance of the creation of the account. Setup fees are non refundable unless it is determined that we are unable to deliver the services ordered. Subscriber may be billed installation charges, as well as the appropriate rates for Internet Access at the time that installation is completed, and services are confirmed working and performing as expected by the customer.
PAYMENT PROCESSING SCHEDULE: All accounts are billed between the 20th-23rd of each month prior to the month of service and are due in advance on the 1st day of the month of the billing period. A Late fee of $13.00 will be applied on the 13th day of the month. Email reminder notices are sent on the 1st and 10th to your primary username email address and billing email address by default. If you would like to have your reminders messages sent to another address, please update this information within your payment portal at billing.swiftechinternet.com or by emailing our Customer Service department at billing@swiftechinternet.com. Auto-payment accounts that are billed to preauthorized credit/debit cards or debited electronically from a checking account are processed on approximately the 1st of each month, to ensure we have time to contact you by email in the event there is an error processing your payment. SWIFTech, Inc is not responsible for mailed payments that are not received. Customers are responsible for monthly remittance of their service fees regardless of errors in transport of a standard post office or email delivered invoice. We expect all subscribers to be aware of their term of service and to pay when due, even in the event of a lost email or postal service mailing.
PAYMENT METHODS: Payment for services may be made with VISA, Master Card, Discover and American Express credit/debit cards. We also accept Money Orders, and business or personal checks. Checkout through PayPal checkout is preferred and you may use any credit or debit card with or without a PayPal account. If you require assistance feel free to contact the billing department at billing@swiftechinternet.com or by calling us at 812-901-1001.
PAPER BILLS: By default, billing is done electronically via email and can also be processed through your customer portal. If a paper bill is desired you may change to paper billing by calling into customer service. Please be aware that a $4.00 fee is added to the account for each paper bill. Generating and mailing a paper bill is a manual process that requires additional time and resources on our end to prepare.
ACCOUNT SUSPENSION FOR NON-PAYMENT: If payment for services is not made within 30 days of the due date, SWIFTech, Inc shall have the right, without liability, to temporarily disconnect any and all services. SWIFTech, Inc, it’s employees, contractors, or third party providers are not liable for any financial or property losses, injury, death, or any other loss as a result of services that are disconnected for non-payment. SWIFTech, Inc reserves the right to grant extensions on past-due accounts at our discretion but are not obligated to do so. If such an extension is granted it is not to be assumed that such an extension shall be granted in the future.
RETURNED CHECKS: Returned checks for insuffiient funds or inaccurate account informstion will be considered non-payment of the account and will be subject to a $25 returned check fee.
RESTORATION OF SERVICE AFTER ACCOUNT SUSPENSION: Restoration of service after account suspension for non-payment will require payment of any unpaid balance as well as a $50 reconnection charge. It may also require the payment of the next month and/or a security deposit in the amount of the services in advance. Such decisions are made on a case by case basis, based on many factors including payment history, type of business, and/or any other factors that we deem important to take into consideration. If service is not reconnected within fourteen (14) calendar days, services will be permanently disconnected.
RESTORATION OF SERVICES AFTER ACCOUNT DISCONNECTION: To restore service after a permanent disconnection, payment of the full unpaid balance, a $50 reconnection charge, any unpaid fees, pre-payment of new installation charges, and/or deposits may be required before service is restored.
CREDITS ON SUSPENDED AND CLOSED ACCOUNTS: If credits have been applied to an account for services, outages, moves, adds, or changes, those credits are given with the understanding that you intend to remain a customer of SWIFTech, Inc. and are made with the expectation of future revennue. These credits are given in good faith and if your account is suspended or closed for non-payment before paying an invoice that includes credits, we reserve the right to reverse those credits and either collect for them before restoring services or on your final bill.
ADDITIONAL FEES –
Disconnected accounts that have an outstanding balance will accrue additional late payment fees of 1.5% per month (18% per annum).
Returned Check Policy: All checks returned by a subscriber’s bank for insufficient funds will be re-submitted for payment. A $25.00 returned check fee will be charged to your account. After receiving a returned check from a subscriber, we may require that all future payments be made by credit card, money order or cashier’s check. This includes electronic check payments.
EARLY TERMINATION CHARGES: Generally we install services with no term requirement but from time to time we may require a term agreement to ensure recapture of expenses which are in outside a normal installation. In such cases we provide multiple options such as spreading the cost across multiple months or writing a mimimum initial term. In the event that services are cancelled outside of the exceptions listed below, early termination charges will be calculated and due in one of two ways:
1.) Full payment for additional installation costs that have been split over multiple months, or
2.) 50% of the remaining term of the agreement.
EXCEPTIONS: SWIFTech, Inc will waive any and all Early Termination Fees if services are not able to be restored to the standards listed in this agreement without 72 hours of a reported outage or problem if it is determined that the outage or problem is due to a failure of SWIFTech, Inc to provide the service at the Dmarc.
BILLING DISCREPANCIES: Any discrepancies with the billing must be presented in writing, or submitted by email within 30 days of billing. Such notification shall NOT relieve the obligation to make all payments included amounts disputed by the due date. We keep accurate records, but mistakes can happen. If a mistake is determined, we will make it right and credit the account accordingly.
ACCOUNT ACCURACY POLICY: Each subscriber is expected to maintain accurate records with our service. Please inform our staff of any changes in your account or payment status, including renewal of your credit/debit card, changes in contact information, etc.
CUSTOMER INSTALLATION: The installation date and time will be determined by Provider and communicated to Subscriber as early as possible. Prior to or during installation, Subscriber and Provider will determine if Subscriber’s computer(s) are configured appropriately for the Internet Access Service connection. If not, Subscriber will be required to purchase or provide the appropriate hardware for the service to work. Installation of said equipment can be installed by SWIFTech, Inc for a fee.
CUSTOMER PROVIDED EQUIPMENT: In the event a Subscriber installs a network without utilizing a router or other equipment provided by SWIFTech, Inc, it is with the clear understanding that SWIFTech, Inc is not responsible for any problems that may occur with that equipment. SWIFTech, Inc will not dispatch a technician to Subscriber’s location to resolve any computer and/or network-related problems beyond our dmarc without an associated fee. SWIFTech, Inc will not perform work on any of Subscriber’s computers or other equipment without a written agreement and an associated fee.
SERVICE CALLS: If SWIFTech, Inc is called to Subscriber’s site and it is determined that the problem is other than the Internet Access Service and/or the Internet Access interface, and the problem is internal to the premises, a minimum service fee of $75.00 will be charged for the first hour and in half hour increments thereafter. The stated rates apply from 7am to 6pm Monday through Friday and 8am to noon on Saturday excluding Federal Holidays. Times outside these hours are billed at $110 per hour. Holiday rates are $150 per hour. Excessive travel, materials, and related charges may also apply. SERVICE DELIVERY: For the purposes of determining adequate delivery of services, Internet Access connection speed is measured between Subscriber’s location and the Provider’s public internet aggregation point. With shared service, actual data transmission or throughput may be lower than the connection speed due to Internet congestion, server or router speeds, protocol overheads, and other factors which cannot be controlled by Provider. To ensure the best overall user experience for all customers, we have certain measurements that we utilize to determine if we are meeting our objectives. Our standards listed below represent the minimum level of service for all IP traffic for all customers 99.5% of the time. Should your service fail to meet these standards, it is considered a service condition and we will work to correct it. If you are a dedicated internet or WAN customer, please see the SLA terms below regarding outage credits. SWIFTech, Inc has an extremely robust wireless network. As such, we do not differentiate between wireless and wired services when it comes to service delivery expectations.
Throughput 99.5%
Latency 55ms
Jitter 15ms
Packet loss 1%
DELAYS: SWIFTech, Inc will not be liable for any delay in the delivery or installation of Internet Access Service or for any damages suffered by Subscriber by reason of such delay regardless of whether such delay is directly or indirectly caused by SWIFTech, Inc.
CONSEQUENTIAL DAMAGES: SWIFTech, Inc, its employees and/or contractors are not responsible for any incidental or consequential damages resulting from failure of, or suspension of, Internet Access or any other services provided.
Voice Over IP (VOIP): With the exception of its own VoIP services which are controlled and routed by SWIFTech, Inc, provider does allow, but cannot guarantee Quality of Service for Voice Over IP calling. Any number of factors can take down a Voice Over IP telephone line over the public internet.
VOICE NUMBER PORTING: While every reasonable effort is made to port voice numbers from other providers, SWIFTech, Inc cannot force another provider to port a number out. If a number is determined to be non-portable, we will notify you as quickly as possible and provide you with whatever options may be available. SWIFTech, Inc will not interfere in efforts to port your number away to another provider.
Faxing and TV Over IP (IPTV): SWIFTech, Inc does not support, nor interfere with faxing, TV Over IP, streaming, or gaming. However, customers who purchase QOS service do receive priority transport for these services over our network. Please realized that QOS stops at the public internet gateway as no carrier has control over public internet routing.
SERVICE CREDITS: We pride ourselves in the quality of our services. We have one of the lowest oversubscription rates in the region with shared services. Although only dedicated internet customers are entitled to credits for downtime, we do from time to time extend credits for network problems on shared services. Should we choose to provide such credits, it does not mean that we will do so again in the future. Such credits are given at our discretion. When such credits are given it is expected that the customer, even if out of contract, will remain with us a minimum of two months. If the customer terminates services prior to the two billing periods following such a credit, the credits will be reversed on the final bill.
CANCELLATION:
Cancellation requests MUST be received prior to the beginning of the next billing cycle. If your account is set up for automatic payment, cancellation requests must be received before the 1st day of the month to avoid additional charges to your account. Please be aware that some of our services are “portable” and can move regardless of where you may move to. Other services however do not have such options available. It is best to contact us prior to making any decisons on your services to see which services you have that can be relocated to a new location.
For example, suppose you were moving to an area where we do not offer internet service, but you have a cloud backup server and voice services with us. Often we can secure a “Type 2” circuit from a carrier in the area you are moving which would be less expensive than what you could get for yourself. We could then transport your entire voice system over that circuit without any need to disrupt your services.
NON-USAGE OF AN ACCOUNT IS NOT PROOF OF CANCELLATION OF SERVICE. Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the account is cancelled by appropriate notice. Services are not automatically disconnected when you move from one provider to another or when you move from one location to another. Therefore it is your responsibility to request disconnection of your services if you change providers or relocate and no longer wish to use our services. Until such a notification is made, it is assumed that the services are in use and you will be responsible for the charges for services until such time that you notify us that you no longer are using our services.
IMPORTANT NOTES REGARDING CANCELLATION OF SERVICES:
1.) Each service is separate and some can be moved to alternate locations while others may not be able to. Voice service for example is portable and will function wherever you have an internet connection even if it does not come from us. Office 365 and other such services are portable as well. It is not necessary to cancel your voice or Office 365, managed router services, managed switches, etc when changing internet service providers if you move to another area.
2.) It is best that you provide us with a two (2) week notice when cancelling or moving services. This allows us to ensure prompt porting of numbers to your new provider and to coordinate the changeover in a smooth manner. Please note that even with advance notice we will not disconnect your services until you notify us that you are ready to have services disconnected. This ensures that you have service without any disruption.
3.) Notification of cancellation should be given via email to swiftbilliing@swiftechinternet.com
4.) Following disconnection, arrangements should be made to return all equipment that belongs to SWIFTech, Inc within 7 days of cancellation. You will be responsible for the full retail purchase price of any equipment belonging to SWIFTech, Inc not returned within 14 days of cancellation of service as we will have to replace the equipment with new equipment in our inventory.
ADDITIONAL POLICIES:
Moves, Adds, Changes (MACs): To ensure that services are not disrupted during a move of services, we require a minimum of (2) two weeks advance notice prior to your move date. With adequate notification we can have the services ready for you at the new location prior to the move so your service continues uninterrupted. We provide for service at both the old and new location for a period of one week to make the move as smooth as possible for you at no additional charge. There is a $50 expedite fee for notification of 1-2 weeks and a $75 expedite fee for notification of one week or less. These expedite fees will apply whether or not we are able to complete the work on time. The fee is for moving you ahead in the installation and service queues and pushes new installations back, but even after being moved forward, there may be times when installation in less than two weeks is impossible even though we will do anything we can to make that date happen. If a short notification or expedite results in a loss of service for a period of less than two weeks you will still be responsible for the services even if you were unable to use the services.
Credit Policy: Dedicated Internet Service is bound by an SLA (Service Level Agreement) with a schedule of credits to be given depending on the length and severity of the outage. (shown below) Shared services do not have an SLA, however in the event of a severe service disruption we reserve the right to provide credits based on any calculation method we choose. These credits are given on a case by case basis and only apply to shared business services. In each case we weigh the severity of the outage, the impact on business, your normal usage for the period of outage, and other important factors. If we provide service credits for shared services, it is not to be assumed that we will do the same in the future. Any such credit is specific to the particular incident. In addition, such credits are applied to shared services with the assumption that you intend to keep your services with us. If you should cancel services following a service credit, the service credits will be withdrawn and you will be responsible for the full amount due from the previous paid bill to the final day of service.
Quality of Service: With the exception of Dedicated Internet Service with a Service Level Agreement, SWIFTech, Inc makes no guarantees regarding the quality of services, the amount of uptime, downtime, speeds, useability, latency, jitter, or suitability for the usage that customers intend it for. SWIFTech, Inc provides services both under a contract term and as a month to month service. If service is month to month, customers may cancel at any time but will be required to pay for any service time that is unpaid as well as any additional costs incurred while service was active. If service is under a contract, the customer may choose to cancel service by paying 50% of the remaining contract term or the installation costs if they have been split among multiple months for payment.
The sole exception is if a customer is under contract and services are unable to be restored within 72 hours. In this case, services may be cancelled with no penalty or additional fees.
Return of Equipment: Upon cancellation of services, all equipment owned by SWIFTech, Inc must be returned within 10 business days. Any equipment not returned within 10 business days will be charged the full replacement value of the equipment.
Service Level Agreement: Dedicated Internet Service customers will be credited for outages according to the following schedule:
| Downtime | Partial outage (reduced bandwidth) | Full outage |
| 0-1 Hours | 6 hours credit | 12 hours credit |
| 1-2 Hours | 12 hours credit | 1 day credit |
| 2-4 Hours | 1 day credit | 2 days credit |
| 4-8 Hours | 2 days credit | 3 days credit |
| 8-12 Hours | 3 days credit | 4 days credit |
| 12-24 Hours | 4 days credit | 1 week credit |
| 24-48 Hours | 1 week credit | 2 week credit |
| 48 Hours or more | 2 week credit | 1 month credit |
Refund Policy: Once service is activated and confirmed to be working properly, there are no refunds for your account setup fee, the current month’s or any previous month’s services. If you have prepaid for additional months of service, you may be entitled to a refund for subsequent prepaid months.
Refund for “paid-ahead time” will be refunded upon cancellation of account.
Termination Policy: We reserve the right to terminate and/or suspend accounts for not using an account in accordance with our terms and conditions, billing policies, privacy policies, or our Acceptable Use Policy also referred to as the EULA (End User License Agreement).
Accounts that are discovered which blatantly abuse our acceptable use policy regarding SPAM will be charged a $100/hourly network administrative fee and be terminated immediately.
Any terminated or suspended account must be paid in full before reactivation. Setup fees will also apply to accounts that expect to be recreated.
Your utilization of our services constitutes your express agreement to abide by our policies, and the Terms & Conditions posted on our website, http://template.userservices.net/terms which may be changed from time-to-time, at our sole and absolute discretion.
Closed Account Policy: Any and all amounts due for equipment, fees, chargebacks, returned checks, unpaid services, credit reversals, or any other charges or fees are due in full within 30 days of cancellation of services. Any unpaid amounts remaining after 30 days will be submitted to small claims. Should an account be referred to small claims, additional fees for court costs, filing, and attorney fees will be added up to the amount allowed by law.
SWIFTech, Inc
PO Box 552
Princeton, IN 47670
(812) 901-1001 Local
(844) 216-4012 Toll Free
Rev 10/21/2018
