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Terms of Service

Section I 

Introduction

Service iBot is a DBA of Softworx Pro, LLC.
Our privacy policy outlines the information we learn when you visit our site and how we use this information. We receive two types of information when you visit our site: information automatically collected information you choose to provide. From time to time, we will send special offers, promotional, and newsletter notices via mail, email, fax, and/or voice broadcast to our customers and to prospects that have expressed interest and have requested such information. At any time, customers may “opt-out” of such offers and notifications by following the opt-out link on the specific offer received, or by contacting us here.

Information Automatically Collected

When you visit a website, certain personal information about you can be collected automatically. When you browse through our site, read pages, or download information, we collect certain information to measure how many visitors come to the different parts of the site so we can make the site more useful. Example: We use browser information to help us design our site so the greatest number of people can view the pages correctly. For every visitor, we collect and temporarily store the following information: your computer’s Internet Protocol (IP) address, a number automatically assigned to your computer when you go on the Web. the domain from which you access the Internet Example: aol.com, for an America Online account the website address from which you came to our site Example: www.google.com if you came by searching via Google the date and time you arrived at our site and how long you spent there the name and version of your computer’s operating system and browser Example: Windows XP/Netscape 7.0 the pages you visited.
*Note: If you disable cookies in your browser, it may cause problems with searching and displaying information.

Information You Choose to Provide

We collect and store no other information about you when you visit our site unless you choose to provide it. For Example: If you send us an e-mail or submit an online form, we automatically receive your e-mail address. You will need to provide it to us if you would like an e-mail response. We will receive no other personally identifying information from your e-mail unless you provide it. If you submit a form on our website, we will receive only the personal information you include in the form.

Information Disclosure Policy

Service iBot will not disclose, give, sell, or transfer any personal information about our visitors unless it is required: by law for law enforcement reasons. Other possible uses of your information: We will only use personal identifying information to respond to you, in which case various people may need to see the information you provide in order to provide a response to you. If enough questions or comments come in that are the same, your question (but not your name) may be added to our Questions and Answers section. We use this information to help us improve our site. We may enter information you send into an electronic database to share with attorneys or investigators involved in law enforcement or policy-making. Note: E-mail is not necessarily secure against interception. If your communication is sensitive, or if it includes personal information such as your social security number, you can send it by postal mail instead. Data Storage Service iBot uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our systems. How We Protect Your Personal Information Service iBot takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. Service iBot uses Secure Sockets Layer (SSL) encryption on all web pages. We use SSL-enabled browsers such as Microsoft’s Internet Explorer 4.01 or higher or Netscape Navigator 4.06 or higher. Doing so protects the confidentiality of your personal and credit card information while it’s transmitted over the Internet.

Affiliate Information

All Service iBot client affiliate information is confidential. This information is collected for the purposes of: generating commission checks and complying with federal tax code.

 

Section II

General

*For any questions or concerns about our billing policy, please contact Service iBot via email.

Payment Methods

Service iBot accepts payment via credit card. Service iBot accepts American Express, Master Card, Discover and Visa. All accounts are invoiced and billed monthly. Payment must be received to reduce any interruption in services. A valid credit card or debit card must remain on file for reoccurring services. Reoccurring charges are generated automatically and charged to the credit or debit card on file per the service agreement. It is the customer’s responsibility to keep Service iBot updated with a current email address, phone number and credit or debit card expiration date. Invoice and payment history are available upon request.

Credit Card Billing

All credit cards are automatically charged on the Monday following the week the service was rendered. If the credit card is declined, Service iBot will attempt to charge the card on file for 30 days.

Late Fee

If an account is more than 30 days past due a late fee will be accessed. Multiple attempts to contact the customer will be made prior to accessing a late fee.

Collections

After a customer account has been delinquent for 30 days services will be paused. Once paused, the customer will not received any future service. The account record and delinquent balance is then passed on to a third party collection agency. Reactivation of the customer’s account past the 30 period will require paying the on-time service reactivation fee.

Disabled Account

All accounts 30 days past due will be paused until the full balance is paid. During this period all services will be paused.

Late Fee

Service iBot charges a $50.00 late fee for accounts 31 days past due.

Charge backs

If a customer initiates a charge back Service iBot will suspend the account until the matter is resolved. Charge backs to avoid payment will result in a $75 fee to the customer.

Refunds

Service iBot does not issue refunds unless received during the money back guarantee period. Account credits will be issued as a result of an error in billing or services rendered.

Cancellations

All cancellations must be made verbally through a Service iBot account representative. The representative will email you a cancellation form. Once complete your account will be immediately closed. Completion of the form is required to ensure we have your permission to close your account. Upon completion you will receive a dated confirmation email for your records. Email cancellations are not accepted for security reasons (such as fraudulent cancellations). All cancellations will take effect upon completion of the online cancellation form.

Canceling a credit card does not constitute a cancellation.

Canceled accounts with balances must be settled in full before the account will be permanently closed. Once you cancel your account you will not be charged again.

 

Section III

Limitations of Liability and Indemnification

Exclusion of Certain Liability.

To the extent permitted by applicable law, Service iBot, it’s affiliates, officers, employees, agents, suppliers, and licensors will not be liable for (A) any direct, indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, or (B) loss of use, data, business, revenues, or profits (in each case whether direct or indirect), arising out of or in connection with the service and the terms, and whether based on contract, tort, strict liability, or any other legal theory, even if Service iBot has been advised or the possibility of such damages and even if a remedy fails of its essential purpose.

Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF Service iBot, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO Service iBot FOR USE OF THE SERVICE AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights. Businesses. If you are a business, you will indemnify and hold harmless Service iBot and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with (a) the unauthorized or illegal use of the Service by you, (b) your noncompliance with or breach of this Agreement, (c) your use of third-party products, or (d) the unauthorized use of the Service by any other person using your account information. Cooperation by Service iBot. With respect to claim described above, we will (a) notify you in writing within 30 days of our becoming aware of any such claim; (b) give you sole control of the defense or settlement of such a claim; and (c) provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. Settlement. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent. Other Terms Assignment. You may not assign these Terms without Service iBot’s prior written consent, which may be withheld in Service iBot’s sole discretion. Service iBot may assign these Terms at any time without notice to you. Entire Agreement. These Terms (including any applicable Additional Terms) constitute the entire agreement between you and Service iBot, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral, concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Service, do not override or form a part of these Terms, and are void. Applicable Law and Forum/Venue. You are contracting with Softworx Pro, LLC and this Agreement is governed by the laws of the State of Alabama, U.S.A. without reference to conflicts of law principles. Both parties consent to the exclusive jurisdiction and venue of the state and federal courts in Birmingham, Alabama, U.S.A. for all disputes arising out of or relating to the use of the Service or this Agreement. Independent Contractors. The relationship between you and Service iBot is that of independent contractors, and not legal partners, employees, or agents of each other. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later. Precedence. To the extent any conflict exists, any relevant Additional Terms will prevail over these TOS with respect to the services to which the Additional Terms apply. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of the terms will remain in full effect. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.

 

Section IV

General Terms

Service iBot may remove content and accounts that we determine in our sole discretion are unlawful or violates these Terms of Service. You understand that verbal, written or other abuse (including threats) of any Service iBot employee will result in immediate account termination. You expressly understand and agree that Service iBot will not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) statements or conduct of any third party on the service; (ii) or any other matter relating to the service. The terms of service constitute the entire agreement between you and us and govern your use of the service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the terms of service).

Privacy questions

If you have questions or concerns about Service iBot’s Policy, please use our contact form to contact us.