Policies

Billing, Payments, and Policies – Update
IT WebSmith, LLC Agreement for Services

(Updated-06/1/2018)

ABOUT THIS AGREEMENT, OUR SERVICES, AND YOUR RIGHTS
IT WebSmith, LLC Service(s) will be provided to you (“you,” “your,” or “Client”) on the terms and conditions set forth in this Agreement for Services (the “Agreement”). For purposes of this Agreement, “affiliate” means any entity that controls, is controlled by or is under common control with IT WebSmith, LLC. Service(s) may include, but are not limited to, website development, Android applications, and hosting (each a “Service” and collectively the “Services”).
We may change our prices, fees, the Service(s) and/or the terms and conditions of this Agreement in the future. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the “Effective Date”) of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose. This agreement will be posted at www.itwebsmith.com/policies

IT WebSmith, LLC (ITWS) is committed in providing prompt, courteous and responsible service to all of our clients. We provide a one-year limited warranty on all products that we sell. Onsite service repairs are also provided on all equipment that was purchased and installed by ITWS for a period of ONE (1) year from, (i) the original date of purchase or (ii) completion date of installation or (iii) the starting date of beneficial use, whichever occurs first.

Limited Warranty Coverage: All equipment purchased from ITWS is warranted to be free in material and workmanship for a period of ONE (1) Year from the original date of purchase. ITWS will, at its option, (i) repair the product using new or refurbished parts, or (ii) replace the product with a new or refurbished product.

Limited warranty does not cover consumable items such as lamps, filters, plasma panels and burn-ins, batteries, etc. and other items. This also includes damage caused by misuse, abuse, accident, disaster, fire, flood, water, wind lightning, and Acts of God. In addition, operator error and items designed to fail in order to protect the equipment, such as power and/or lightning suppressors, are also not covered.

Box Sales: To obtain warranty service, you must deliver the product, freight prepaid, in either its original packaging or packaging affording an equal degree of protection to IT WebSmith, LLC.

In cases where the equipment is still covered under the manufacture’s warranty, but extends past AVCO’s ONE (1) Year coverage period, AND Manufacture Factory repair is required the customer shall be responsible for all associated freight and and/or insurance charges.

Limitation on Damages: IT WebSmith, LLC SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT.

Billing: Monthly invoices will be emailed to clients on the 1st of every month with a due date of the 10th. There is a 3 day grace period for all monthly invoices. Any invoice more than 3 days past due will incur a $5.00 late charge. Once the account is 20 days past due the services may be temporarily disconnected. IT WebSmith, LLC will email a 48 hour notice of disconnect. If your service is temporarily disconnected, in addition to paying all outstanding charges, a restoral charge may apply. The restoral charge is $50.00 per service on your account. For accounts that remain unpaid for thirty (30) days after interruption, service will be permanently disconnected. Upon disconnection, installation charges may apply to reconnect the service(s).

Payments: IT WebSmith, LLC accepts Visa, Master Card, American Express, Discover Card, Checks and PayPal. Payments can be made online at www.itwebsmith.com, also by logging into your account at www.itwebsmith.com. Payments can be mail to IT WebSmith at 77 Solano Square #326 Benicia, Ca 94510 or in-person appointment only. Payments made prior to 5:00 pm Pacific Standard Time (PST) will be posted to your account the same day. Payments made after 5:00 pm PST will be posted to your account the next business day. For each payment, you will receive a transaction ID number. We will also send you an email confirmation for your records. All Payments are non refundable.

Customer Information: You are at least 18 years of age. During the term of this Agreement, you have provided and will provide to IT WebSmith information that is accurate, complete and current, including without limitation your legal name, address, telephone number(s), the number of devices on which or through the Service(s) is being used, and payment data (including without limitation information provided when authorizing recurring payments). You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. Failure to provide and maintain accurate information is a breach of this Agreement.

Termination by Client: You will provide IT WebSmith, LLC 30 day notice of disconnect of the Service(s). Unless you have signed a minimum term addendum, you may terminate this Agreement for any reason at any time by notifying IT WebSmith, LLC in one of two ways: (1) send an electronic notice to termination@itwebsmith.com (2) call our customer service line during normal business hours (707-412-8314). All applicable fees and charges for the Service(s) will accrue until this Agreement has terminated, the Service(s) have been disconnected, and the account balance has been paid in full. We will refund all prepaid monthly service fees charged for Service(s) after the date of termination (less any outstanding amounts due IT WebSmith for the Service(s), affiliate services, or other applicable fees and charges).

Termination by IT WebSmith: Under the conditions listed below, IT WebSmith, LLC reserves the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Service(s) and/or to remove from the Service(s) any information transmitted by or to any authorized users (e.g., email or voicemail). IT WebSmith may take these actions if it: (1) determines that your use of the Service(s) does not conform with the requirements set forth in this Agreement, (2) determines that your use of the Service(s) interferes with IT WebSmith’s ability to provide the Service(s) to you or others, (3) reasonably believes that your use of the Service(s) may violate any laws, regulations, or written and electronic instructions for use, or (4) reasonably believes that your use of the Service(s) interferes with or endangers the health and/or safety of our personnel or third parties. IT WebSmith’s action or inaction under this Section shall not constitute review or approval of your or any other users’ use of the Service(s) or information transmitted by or to you or users.

Client Obligations Upon Termination: You agree that upon termination of this Agreement you will do the following:
You will provide IT WebSmith 30 day notice of disconnect of the Service(s); you will pay in full for your use of the Service(s) up to the date that this Agreement has been terminated and the Service(s) are disconnected; you will return all IT WebSmith’s Equipment to us at our local business office or make arrangements for pickup. Otherwise, you will be charged the amount set forth in the current pricing lists for such IT WebSmith’s Equipment, or the revised amount for which you receive notice; if no amount has been specified for the particular model of IT WebSmith’s Equipment, you will be charged the retail price for a new replacement. You may also be charged incidental costs that we incur in replacing the IT WebSmith’s Equipment.

Disruption of Service: The Service(s) are not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Service(s) could lead to severe injury to business, persons, property, or environment (“High Risk Activities”). These High Risk Activities may include, without limitation, vital business, or personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Service(s), directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; failure of any signal at the transmitter; failure of a communications satellite; strike; labor dispute; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Service(s). In all other cases of an interruption of the Service(s), you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any Service(s) interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service(s) interruption and excludes all nonrecurring charges, one-time charges. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE(S). Any credits provided by IT WebSmith are at our sole discretion and in no event shall constitute or be construed as a course of conduct by IT WebSmith.

Customer Information: IT WebSmith and its suppliers reserve the right both during the term of this Agreement and upon its termination to delete your emails, data, files, or other information that is stored on IT WebSmith’s or its suppliers’ servers or systems, in accordance with our storage policies. You understand and acknowledge that we shall have no liability whatsoever as a result of the loss or removal of any such email, data, files, or other information.

Copyright: Titles and intellectual property rights on Clients website or other digital media are owned by the Client and not IT WebSmith, LLC, its agents, suppliers, or affiliates. IT WebSmith, LLC does not claim any ownership of any material that is published, transmit or distribute using your website or other digital media.