SERVICE AGREEMENT / TERMS AND CONDITIONS
INITIAL PAYMENT: The Initial Setup and Installation fee as well as payment for the first month of service and/or pro-rated period shall be made on the day of installation upon verification that service is performing as expected. Setup and Installation fees are non-refundable as they are paid after confirmation that service is performing adequately. Your first payment, due at installation, includes installation charges and a prorated amount for your services based on the date of installation.
If installed between the 1st and 15th of the month, the amount due at installation will be the prorated amount from the installation date to the end of the month plus the one-time installation charge. Your first regular payment would be due the 1st of the coming month.
If installed between the 16th and the end of the month, the amount due at installation will include the remaining days of the current month, the amount for the coming month, and installation charges. The first regular payment will not be due until the first day of the following month.
Here is an example of a 50M x 5M internet only installation on two dates:
Installation March 10
Installation charge $200.00
March 10-31 pro-rated $ 47.39
Total due at installation $247.39
First regular bill of $69.95 due April 1
Installation March 20
Installation charge $200.00
March 20-31 pro-rated $ 24.82
April monthly charges $ 69.95
Total due at installation $294.77
First regular bill of $69.95 due May 1
Please note that some unique situations and locations may require additional installation work to receive the services. If this is the case, we will contact you as quickly as possible to discuss possible solutions.
PAYMENT PROCESSING SCHEDULE AND DELINQUENCY: Service payments are billed and due in advance. Billing for the following month is generated 10 days prior to the 1st day of each Service Month and is due on or before the 1st day of the Service Month. A Late fee of $13.00 will be added to accounts that remain unpaid on the 13th day of each Service Month. Automated email reminder notices are sent on the 1st, 5th, and 10th of the month to your primary username’s billing email address by default. If you would like to have your reminders and other 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 email@example.com. If you prefer receiving bill by regular mail, please contact us to set it up. There will be a $4.00 fee for paper bills sent through the mail.
DELINQUENCY: Unless prior arrangements are made, if there is any past-due amount unpaid at the time the bills are generated for the next Service Month, the entire amount for both the past-due and current amount billed are required to be paid on or before the 1st of the next Service month to prevent service interruption. In this case, service will be interrupted on the 1st even if the previous amount has been paid. In order to prevent service interruption, it is important to make certain that payments are made no later than the 20th of each month. We may choose to extend disconnection dates with or without any notice, but it is your responsibility to be aware of the billing status of your account and to make certain that payments are made in accordance with the agreement to prevent downtime and account complications.
AUTO-PAYMENT: Auto-payment may be setup at your discretion. Accounts that are billed to preauthorized credit/debit cards or debited electronically from a checking account are processed on the 1st of each month. Autopay accounts that fail to process on the 1st are retried by the autopay system at random intervals until they are paid unless you turn it off in your portal, or if the card attached to it is no longer valid. SWIFTech, Inc does not have access to your card information and is unable to activate or deactivate autopay on your behalf. The functionality to enable/disable is available within your customer portal which we do not have access to. If you have elected to setup autopay, the method of payment that you selected will be charged the amount due at the time of the transaction. If you have incurred late-fees or other charges, the amount may be different from the regular amount. SWIFTech Inc is not responsible or liable for errors, problems, or fees associated with errors or problems created with any account that you have chosen to setup as an Autopayment account. Customers are responsible for monthly remittance of their service fees regardless of errors in transport of regular e-mail delivered invoices, problems with Autopayment, credit cards, or other electronic payment, problems with funds availability on checks, and any other method of payment. Our expectation is that all subscribers are aware of their term of service, and that they will be paid when due even in the event of a lost email or postal service mailing. Unless you have requested notifications by regular mail, any communications regarding problems with Autopayment, account expiration, missed payments, or delinquency will be sent via email to your primary email address on file. It is important that you check your email regularly and ensure that firstname.lastname@example.org is not being trapped by spam filters.
PAYMENT METHODS: Payment for services may be made with VISA, Master Card, Discover and American Express credit/debit cards. Such payments should be made through your customer portal at https://billing.swiftechinternet.com. If you are unable to reach your portal, have a problem processing a payment, or require assistance for any other reason, please contact the billing department at email@example.com or by calling us at 812-901-1001. Please remember, Customers are responsible for monthly remittance of their service fees regardless of errors in transport of regular e-mail delivered invoices, problems with Autopayment, credit cards, or other electronic payment.
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 AND TERMINATION: SWIFTech, Inc maintains the right, without liability, to temporarily and/or permanently terminate any and/or all accounts and suspend or discontinue of any SWIFTech, Inc service at any time and for any reason, without explanation and without advance notice, regardless of account status. 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. SWIFTech, Inc reserves the right to grant extensions on past-due accounts on a case-by-case basis but is not obligated to do so. To ensure the viability of the services for all customers, SWIFTech, Inc cannot extend services without payment for more than 45 days without board approval. If such an extension is granted it is not to be assumed that such an extension shall be granted in the future. Extensions are unique to each account and may have additional account-specific requirements. Extensions are granted on a case-by-case basis and as such, not all customers will qualify for an extension beyond 45 days. Without prior request by the customer and board approval, any customer 45 days or more past-due will be suspended until such time that the account is made current. When suspended, the entire amount past-due, including the current month and late fees, as well as any additional security deposit which may be added to the account on a case-by-case basis must be paid before services are reactivated. When services are terminated, any past due amount will be adjusted for the prorated period of services actually received and will become due immediately.
RETURNED CHECKS: Returned checks for insufficient funds or inaccurate account information 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. SWIFTech, Inc may choose to waive deposits and/or reconnection charges at its sole discretion 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. In no case shall a decision to waive such fees indicate that such fees will be waived in the future. If service is not reconnected within fourteen (14) calendar days, services will be permanently disconnected.
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 revenue. These credits are given in good faith and if your account is suspended or closed within 90 days of issuing such credit, 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: We install services with no term requirement in most cases 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: Unless otherwise stated in an addendum to this agreement, any equipment beyond SWIFTech Inc’s line of demarcation, usually a POE device or managed router within the Property, shall be the sole responsibility of the Subscriber. SWIFTech, Inc is not responsible for and will not dispatch a technician to Subscriber’s location to resolve any computer and/or network-related problems beyond our demarc 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: In order to ensure that problems are tracked and handled properly, a ticket must be entered in your customer portal under “Ticketing”. If you call, email, text, or use any other form of communication it is important that you request that a ticket be opened so it can be reviewed and tracked. Most bandwidth problems are related to local congestion which SWIFTech, Inc has absolutely no control over. When a problem is reported with speeds, we will first test the speed to the internet from the radio at your home. If it is determined that the problem is on the customer side of the radio and there is no problem with bandwidth from the radio, then it is the customer’s responsibility to resolve the problem. This can be done by choosing a less congested frequeny for the router, connecting via ethernet cable to the router, or changing the router for one that has a wider range of frequencies. If SWIFTech, Inc is called to Subscriber’s site and it is determined that the problem is on the Customer side of the demarc and 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 Demarcation point 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 to the best of our ability.
Customers utilizing our residential internet service understand that service delivery is considered “Best Effort”. While every effort is made to prevent outages and provide speeds at the tier level purchased, and quickly repair problems when they happen, no single service is able to guarantee uptime and SWIFTech, Inc has no control over the local networks of customers. Neither throughput nor connectivity are guaranteed or should be expected.
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. However, no single service provider can guarantee 100% uptime and when a business such as a hospital or police department require 100% uptime, they purchase redundant dedicated internet connections from multiple providers with diverse entrances.
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 three months. If the customer terminates services prior to the three billing periods following such a credit, the credits will be reversed on the final bill.
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 last day of the previous 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.
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. 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. You hereby agree that you will be responsible for any and all charges for any and all services on your account until such time that you notify us in writing via your customer portal or regular mail that you wish to discontinue 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 through your customer portal or via email to firstname.lastname@example.org
4.) Following disconnection, arrangements should be made to return all equipment that belongs to SWIFTech, Inc within 10 days of cancellation. You will be responsible for the full retail purchase price of any equipment belonging to SWIFTech, Inc not returned within 30 days of cancellation of service as we will have to replace the equipment with new equipment in our inventory.
NO GUARANTEE OF SERVICE: For month-to-month subscribers, our ability to deliver services is subject to change. In the event that services are discontinued at a location, every effort will be made to assist in the transition to another service provider and to make the transition as smooth as possible. In choosing SWIFTech as your service provider, you agree to hold SWIFTech Inc, its employees, contractors, and/or assigns harmless for any losses related to discontinued services.
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 within 90 days 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, you 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, you 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 you are 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:
Partial outage (reduced bandwidth)
6 hours credit
12 hours credit
12 hours credit
1 day credit
1 day credit
2 days credit
2 days credit
3 days credit
3 days credit
4 days credit
4 days credit
1 week credit
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.
Upon account closure, we will prorate the services to the closure date and refund any remaining funds in the account. For example, if you had service for $100 per month and paid the April 1 invoice for $100, then on April 15, you cancelled service, you would receive approximately $50 in a refund for the second half of the paid month that was unused. When services are cancelled, we will provide you with a summary of this information within and issue any refunded portion within 3 business days of cancellation or two business days after retrieval of any CPE equipment. In no case shall a refund be issued without the return of any CPE equipment mounted on the home.
Termination Policy: We reserve the right to terminate and/or suspend accounts for misuse 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 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.
5444 E Indiana
Evansville, IN 47715
(812) 901-1001 Local
(866) 901-WISP Toll Free