Updated September 22, 2024
ServiceWiz® (“COMPANY”, “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”, or “Customer”), subject to the following Terms of Service. Use of ServiceWiz’s service constitutes acceptance and agreement to ServiceWiz’s Terms of Service (TERMS).
Changes to Terms
COMPANY reserves the right to change these TERMS from time to time as it sees fit and your continued use of the site and/or our service will signify your acceptance of any adjustment to these TERMS. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. Any changes to our privacy policy and/or TERMS will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to review this statement on a regular basis.
COMPANY reserves the right, in its sole discretion, to change the TERMS under which ServiceWiz® and its services are offered. The most current version of the TERMS will supersede all previous versions. COMPANY encourages you to periodically review the Terms to stay informed of our updates.
Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
Acceptable Conduct
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using ServiceWiz®. You will not engage in any activity that interferes with or disrupts ServiceWiz® services or networks connected to ServiceWiz®.
Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that ServiceWiz® will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
ServiceWiz® and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. ServiceWiz’s services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of ServiceWiz®, COMPANY, or its customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
Invoicing And Payment
You agree that ServiceWiz® shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 (ten) days past due. Accounts that are not collectable by Referral may be turned over to an outside collection agency for collection.
Subscriber is aware that ServiceWiz® may prospectively change the specified rates and charges from time to time, in its sole discretion.
COMPANY is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by COMPANY or its services. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service. Note regarding Annual Billing: Should you subscribe to our services via Annual Billing method, you may cancel services with COMPANY upon 90 (ninety) days written notice, at which point you may be provided with a refund based on a monthly proration, for any remaining full calendar months remaining in the subscription.
Note regarding Monthly Billing: Should you subscribe to our services via Monthly Billing method, services are billed and PAID in advance, with NO REFUND at any time, other than in the first 30 (thirty) days of a subscription. If you are unhappy with the service in the first 30 (thirty) days service for any reason, or no reason at all, please contact us to request cancellation of service and receive a full refund of the service paid in that first 30 (thirty) days of service.
Server Provider Fees
You agree that ServiceWiz® is not responsible for any additional fees charged to your credit card by third-party server providers such as DigitalOcean, Linode, Amazon, or Rackspace.
Support Boundaries
ServiceWiz® typically provides technical support to our subscribers via our e-mail and an online knowledge base system. The following are our guidelines when providing support: We offer technical support for application specific issues such as application configuration, programming, web or mail server configuration, payment processing integration, basic operation of our services, or any other such issue. We do NOT provide technical support to your users or customers. Phone support is available only to subscribers whose subscription includes such support.
Account Cancellation or Suspension
COMPANY reserves the right to suspend network access to any customer if, in the judgment of the COMPANY network administrators, the customer’s server is the source or target of a violation of any of the other terms of service or for any other reason which COMPANY chooses. COMPANY will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. COMPANY reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement may be contacted regarding the activity. Customer will not be credited for the time the customer’s services were suspended.
If at any time it becomes necessary for COMPANY to cancel a customer’s service without cause, COMPANY will provide 10 (ten) days advance notice.
You may initiate cancellation of the service at any time by using the “Cancel Subscription” link located in our web application. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges. Any possible refund and additional information regarding cancellation are stated in our “Invoicing and Payment” section of these Terms.
Disclosure To Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that COMPANY may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, COMPANY shall have the right to terminate all service set forth in this Agreement.
Liability and/or Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF COMPANY HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST COMPANY ARISING OUT OF SUBSCRIBER’S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF COMPANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY AND/OR TS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnity
COMPANY wishes to emphasize that in agreeing to these Terms of Service, Customer indemnifies COMPANY for any violation of the Terms of Service that results in loss to COMPANY or the bringing of any claim against COMPANY by any third-party. This means that if COMPANY is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against COMPANY, plus all costs and reasonable attorney’s fees.
Notice
You agree that COMPANY may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings via COMPANY services.
Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and COMPANY and govern your use of ServiceWiz® services, superseding any prior agreements between you and COMPANY for the use of our services.
Venu Of Law and Forum
The Terms of Service and the relationship between you and COMPANY shall be governed by the laws of the State of Mississippi, without regard to its conflict of law provisions. You and COMPANY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Rankin, Mississippi.
Waiver And Severability of Terms
The failure of COMPANY to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute Of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of COMPANY services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notices to COMPANY
Any notice to COMPANY shall be made via Certified Mail, Parcel Delivery such as FedEx or UPS with tracking or similar service, to:
