This Service Agreement (the “Agreement”) sets forth the terms under which SWIFTech Inc, it’s employees and/or contractors (hereto referred to as “SWIFTECH INC”), agrees to provide shared and/or dedicated wireless or wired Internet Service, and/or WAN, ELAN, VoIP, Managed Router, Managed Switch, Microsoft 365, Managed Security, Offsite Data Storage, Offsite Backup, or other servixes (hereto referred to as “Service”) to you (the “Customer”). This Agreement should be read in conjunction with our Terms and Conditions and other applicable policies.
By using the Service you agree to abide by this Service Agreement, the Terms and Conditions, and that you are at least 18 years of age. If you do not agree with the foregoing, you may not use the Service and must notify SWIFTECH INC immediately. This Agreement takes effect on the date on which the Service begins and continues until the Service is terminated.
SWIFTECH INC reserves the right to modify the Terms and Conditions, this Service Agreement as well as the pricing for the Service, and may discontinue or revise any or all other aspects of the Service in its sole discretion at any time by posting changes online and notifying the Customer at least 60 days prior to revising the pricing. Your continued use of the Service after changes are posted constitutes your acceptance of the Agreement as modified by the posted changes. The updated, online version of this Agreement shall supersede any prior version of this Agreement.
Installation: Prior to installation, SWIFTech and/or its contractor(s) will perform a site survey to determine whether service can be adequately delivered at the Customer location. While the site survey is very accurate, serviceability cannot be guaranteed. Following the survey, a quote will be provided to the Customer spelling out the installation cost and the Services that are available at the location. Should the Customer choose to move forward with the installation, an installation date will be scheduled.
Upon installation, service will be tested and verified to be working per the Customer’s expectations. Upon agreement that the services are performing as expected, payment for the installation and first month of services plus a pro-rated period will be due and payable to start the services. If the service is not able to meet the expectations of the Customer, no payment will be required.
Billing and first payment: Services are billed monthly in advance. Billing for the coming month is generated and sent out on the 20th of each month and is due on the 1st. A $13 late fee is added on the 11th.
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, SWIFTECH INC will contact you as quickly as possible to discuss possible solutions.
By allowing SWIFTECH INC to and/or its contractor(s) to perform the installation, The Customer authorizes SWIFTECH INC and/or its contractor(s) to install the necessary wiring and equipment on the premises, at the agreed upon cost, in accordance with the Terms and Conditions (Service Agreement) which is available on our website and may change from time-to-time at www.swiftechinternet.com/terms-and-conditions .
The Customer authorizes SWIFTECH INC to install the necessary wiring and Subscriber Unit (CPE) required for the Service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna (CPE), a wireless transceiver on the outside of the house and/or building, and the routing of cable(s) by the most direct path to one computer and/or router on the Customer premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the Customer premises may require additional costs in equipment and wiring. Any requests for custom installation work will require additional charges by SWIFTECH INC and/or private contractor(s). SWIFTECH INC will not be liable for any alterations or damages to CUSTOMER premises that result from the installation or removal of the CPE and/or wiring, including but not limited to any holes in walls, cable wiring, or antenna mounting brackets although great care will be used to make the installations reasonably appealing.
SWIFTECH INC will use the level of care normal within the industry for this type of service. SWIFTECH INC is not responsible for any damages from either installing the equipment or providing the service.
Maintenance: The Customer authorizes SWIFTECH INC and/or its contractor(s) to access the equipment, and any necessary wiring outside the home as needed to repair any network or service delivery issues.
Equipment: Unless otherwise provided herein, The Customer agrees that SWIFTECH INC shall retain all rights, title and interest to equipment installed by SWIFTECH INC (the “Equipment”) up to the line of demarcation (DEMARC) which in most cases is a Power Over Ethernet adapter within the Customer Premesis. If Customer purchases a Managed Router, the DEMARC is considered to be extended to the router. Internal wiring and equipment beyond the DEMARC, except for VoIP equipment and ancillary services provided by SWIFTECH INC, shall not be considered the responsibility of SWIFTECH INC
The Customer shall use the SWIFTECH INC Equipment only to receive the Services and shall not modify or relocate equipment without SWIFTECH INC’s prior written consent. The Customer shall not permit tampering, altering, or repair of the equipment by any person other than SWIFTECH INC’s authorized personnel. The Customer shall, at the expiration or termination of this Agreement, return equipment in good condition, ordinary wear and tear excepted. The Customer shall not create or permit to be created any liens or encumbrances on the Equipment.
Obstructions: Wireless Internet communications is dependent upon a clear Line of Sight to the Access Point (AP), which is the point where the wireless signal connects physically to our broadband ISP partner(s). SWIFTECH INC will make every reasonable effort to provide the Customer with the best possible service. Unfortunately, some locations could experience changes in serviceability due to seasonal changes, weather, new construction, etc which are beyond the control of SWIFTECH INC.
In such instances, SWIFTECH INC will make every reasonable effort to relocate or realign the CPE. However, SWIFTECH INC cannot prevent Line of Sight problems, and therefore cannot guarantee service for any period of time and as such is not liable for any loss of Service.
Right of Entry: SWIFTECH INC shall have the right to enter the Premises to install and/or remove SWIFTECH INC Equipment. Such right of entry shall expressly survive the expiration or earlier termination of the Agreement. SWIFTECH INC shall not be liable for damage to any property or person at any time for any reason.
Damages: Witht the exception of damages by Natural Causes and/or the sole gross negligence or intentional misconduct of SWIFTECH INC and/or its contractors, the Customer is solely responsible for any damage, loss, or destruction of SWIFTECH INC Equipment. SWIFTECH INC is not responsible for repairing or replacing any SWIFTECH INC Equipment that is damaged due to misuse, abuse, vandalism, or theft. Upon Service disconnection, unless other arrangements are made, all SWIFTECH INC equipment must be returned in good working condition within 30 days. If Equipment is not returned within 30 days, The Customer shall be responsible for the replacement value of the SWIFTECH INC Equipment.
Service Use: The Customer may use the Services and the SWIFTECH INC Equipment for any lawful purpose, provided that such purpose does not interfere or impair the SWIFTECH INC network or Equipment and is in accordance with the terms and conditions of this Agreement.
For certain Services, The Customer, may rent equipment from SWIFTECH INC (“The Customer Rented Equipment”). The Customer shall use The Customer Rented Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. If additional equipment, including but not limited to Televisions, monitors, computers, circuits, software, or other devices, are required by The Customer to use the Services, The Customer shall be solely responsible for providing such equipment. SWIFTECH INC shall not be responsible for the installation, operation or maintenance of any Customer provided equipment. SWIFTECH INC shall not be responsible for the transmission of signals by The Customer provided equipment or for the quality of, or defects in, such transmission; or the reception of signals by The Customer provided equipment; or network control signaling where such signaling is performed by The Customer-provided network control signaling equipment.
Last Edited May 9, 2020