Warranties, Disclaimers, Terms & Conditions

Warranty Disclaimer
SmartWare Computer Services hereby expressly disclaims all warranties, either expressed or implied, including any implied warranty of merchantability, fitness for a particular purpose or any other warranty of any kind on any of the products or services which SmartWare Computer Services provides.

Computer systems, hardware components, peripheral devices, software and any other tangible component sold by SmartWare Computer Services, are warranted only by the manufacturer or publisher of such component and are limited to the terms set forth by said manufacturer or publisher. SmartWare Computer Services is not responsible for obtaining warranty services or performance of warranty terms for any such component.

Services rendered by SmartWare Computer Services may void manufacturer warranties for a computer system, computer network system, or a related device. SmartWare Computer Services does not assume any liability or warranty in the event that the manufacturer warranties are voided. SmartWare Computer Services offers no verbal or written warranty, either expressed or implied, regarding the success of services rendered.

No Consequential Damages.
In no event shall SmartWare Computer Services, its subsidiaries or affiliates, or it’s respective officers, directors, employees, representatives, agents, contractors or suppliers (collectively, "SmartWare Computer Services") be held liable for special, incidental, consequential, punitive, direct, indirect, physical, compensatory, punitive or any other damages, including but not limited to, physical injury, loss of data, loss of use, or loss of profits, however caused, whether for breach of contract, negligence, or otherwise, regardless if SmartWare Computer Services has been advised of the possibility of any such damages.

Revisions to these terms and conditions. SmartWare Computer Services may revise these terms and conditions at any time by publishing said revisions on SmartWare Computer Services’ web site; scs3.com. All revisions to these terms and conditions are effective for transactions dated after the revisions. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.

Ownership
By agreeing to have SmartWare Computer Services perform services on any computer system, computer network system, or related device, you certify that you are the expressed owner of said computer, computer network system or related device or are an authorized agent for the owner. In the event that you are found not to be the true expressed owner of said computer system, computer network system, or related device, you assume all liability for any claim made as the result of the services rendered by SmartWare Computer Services on said computer system, computer network system, or related device including those claims which.

Definitions
Computer system is defined as the CPU enclosure and software (operating system, applications and other installed software).

Hardware is defined as any individual component that is contained within the Computer System such as hard disk drives, main boards, processors, memory modules or any other component contained within the Computer System.

Peripheral device is defined as any hardware item which attaches to the Computer System such as Printers, Monitors, Cameras, etc.

Data is defined as any information which is not part of the operating system, application software or other installed software such as pictures, word processing documents, email, financial data, or any other user created information stored on the computer system.

Title to Goods
Title to purchased goods is retained by SmartWare Computer Services until such goods are paid for in full by the purchaser or purchaser’s agent.

Rates and Minimum Charges

Shop Repairs
Bench Charge; $35. No repair or repair declined without diagnosis.
Minimum Charge; $55 Non-diagnostic minor repair less than one hour.
Repair and extended diagnostics; $75 per hour accruing by the quarter hour.

On Site Repairs
Minimum Charge; $55
Hourly rate, PC Maintenance and repair; $85 per hour accruing by the quarter hour.
Hourly rate, Advanced networking or Consulting; $100 per hour accruing by the quarter hour.

Diagnostics
In the event diagnostics take longer than one hour, you will be notified of the findings thus far and will be given the option to continue the diagnostics or pursue another option. Extended diagnostics will be billed at the prevailing hourly rate. Upon agreement for extended diagnostics, you will be notified at each one hour interval with the findings. Your oral agreement to continue diagnostics constitutes an Oral contract in which you agree to pay SmartWare Computer Services regardless of outcome for the time spent in diagnostics.

Estimates
After diagnosing the problem SmartWare Computer Services will notify you with an verbal estimate to repair your system including any diagnostic charges if applicable. Your oral agreement to repair constitutes an Oral contract in which you agree to pay SmartWare Computer Services for the diagnostics and repair upon completion. Written estimates will be provided upon request.

Payment
Unless prior arrangements are made, payment is due when services are rendered. Payment may be by cash, check, credit card or certified instrument. Any other arrangements must be made in advance of services being provided.

Payment by check
SmartWare Computer Services requires a valid Florida Driver License with every check. Returned checks will be assessed a twenty-five dollar ($25.00) return fee.

Abandoned Items
Unless prior arrangements are made, any item left for repair that is not picked up and paid for within 30 days of completion of said repair will be considered as abandoned. SmartWare Computer Services will notify you by certified mail that SmartWare Computer Services considers your item abandoned by you and if the item is not picked up and paid for within 15 days of our notification of your receipt of said notice, the item will be donated to the Habitat for Humanity Thrift Shop and a receipt for your donation will be mailed to you. The receipt by SmartWare Computer Services for the certified mail sent to you and further, accepted by you together with your failure to contact us within the 15 day time frame is your acknowledgement the item is indeed abandoned and you thereby transfer title to SmartWare Computer Services for disposition. Abandoning and subsequent donation of your item does not relieve you from the amounts due. SmartWare Computer Services reserves the right to pursue collections and by failing to respond you agree to be liable for any and all costs incurred in such collections. Prior to any further transactions with SmartWare Computer Services, you will be required to remit in full on any previous amounts due plus provide pre-payment for any further services.

Return Policy
Your original receipt or invoice is required.

If you are not satisfied with a product you purchased from us and you return the product with the original receipt or invoice within 10 days from the original invoice date, you may exchange the product or receive a refund, except as explained below.

Special order Computer Systems are non-refundable and non-returnable. Monitors, printers, and un-opened computer parts may be returned within 10 days from the original invoice date and are subject to a 25% restocking fee (unless defective).

Any product that is returned without all item(s) included with the original product is non-refundable and non-returnable.

Opened software, games, videos, or computer parts are non-refundable and non-returnable.

Used items are non-refundable and non-returnable.

Refunds will be made in the form of original payment. Purchases made by cash or check over $250 will be refunded by company check.

Recycling
Customer is responsible for recycling unwanted or defective Computer Systems, Peripheral devices or hardware components. SmartWare Computer Services will recycle the following items for a fee; Computer Systems for a fee of $10 per system recycled, printers for a fee of $15 per printer recycled, and monitors for a fee of $15 per monitor recycled. Hardware components replaced by SmartWare Computer Services during the course of a repair will be recycled at no additional charge. Recycling fees are over and above any minimum charge.

Special Orders
Computer Systems and Peripheral devices: All computer systems and peripheral devices require a deposit equal to the cost of the system or device. Taxes, shipping and service charges are due upon delivery.

Shop Repairs: If a part is required to facilitate a repair that is not a standard part in SmartWare Computer Services’ inventory, and the part has a cost over $200, customer will be required to pay a deposit of 100% of the cost of the part before part is ordered.

On-Site Repairs: If a part is required to facilitate a repair that is not a standard part in SmartWare Computer Services’ inventory, and the part has a cost over $100, customer will be required to pay a deposit of 100% of the cost of the part before part is ordered.

Over the Counter Parts orders: All “Over the counter” parts orders require a deposit of 100% of the cost of the part before part is ordered.

If for any reason customer decides PRIOR TO REPAIR, not to purchase goods that have been ordered, customer will be solely responsible for shipping costs to and from manufacturer, plus a cancellation charge of 25% of the total order value.

Disclaimer and Limitation of Liability as to SmartWare Computer Services Web Sites
All SmartWare Computer Services web sites and the materials therein are provided “as is”. SmartWare Computer Services makes no representations or warranties, either express or implied, of any kind with respect to any of SmartWare Computer Services’ web sites, their operations, contents, information, or materials. SmartWare Computer Services expressly disclaims all warranties, express or implied, of any kind with respect to any site or it's use, including but not limited to merchantability and fitness for a particular purpose. You agree that SmartWare Computer Services, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of any SmartWare Computer Services web site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation, direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Scripts and Libraries License Agreement

SMARTWARE COMPUTER SERVICES IS WILLING TO LICENSE SCRIPTS AND LIBRARIES TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE LICENSED SCRIPTS OR LIBRARIES ON WEBSITES PROVIDED AND HOSTED BY SMARTWARE COMPUTER SERVICES BASED ON THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND SMARTWARE COMPUTER SERVICES. BY HIRING SMARTWARE COMPUTER SERVICES TO DEPLOY SAID SCRIPTS AND LIBRARIES ON A WEBSITE COMMISSIONED BY YOU, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST INDICATE REFUSAL AND NOTIFY SMARTWARE COMPUTER SERVICES IN WRITING OF YOUR REFUSAL IN WHICH CASE, ALL COMMISSIONED WEBSITES WILL BE SHUT DOWN WITH SCRIPTS AND LIBRARIES REMOVED ACCORDINGLY.

OWNERSHIP/TITLE. Licensed Scripts and Libraries are the proprietary property of SmartWare Computer Services or its licensors and are protected by copyright law. SmartWare Computer Services and its licensors retain any and all rights, title and interest in and to the Licensed Scripts and Libraries, including in all copies, improvements, enhancements, modifications and derivative works of the Licensed Scripts and Libraries. Your rights to use the Licensed Scripts and Libraries shall be limited to those expressly granted in this License Agreement. All rights not expressly granted to You are retained by SmartWare Computer Services and/or its licensors.

WARRANTY DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTWARE COMPUTER SERVICES MAKES NO WARRANTIES OR REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, THAT THE LICENSED SCRIPTS AND LIBRARIES, OR UPGRADES WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE LICENSED SCRIPTS AND LIBRARIES, CONTENT UPDATES, AND UPGRADES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMARTWARE COMPUTER SERVICES OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS BE LIABLE TO YOU FOR (i) ANY COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES WHETHER ARISING DIRECTLY OR INDIRECTLY OUT OF THIS LICENSE AGREEMENT, EVEN IF SMARTWARE COMPUTER SERVICES OR ITS LICENSORS, RESELLERS, SUPPLIERS OR AGENTS HAS BEEN ADVISED SUCH DAMAGES MIGHT OCCUR. IN NO CASE SHALL SMARTWARE COMPUTER SERVICES’S LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSED SCRIPTS AND LIBRARIES GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT SMARTWARE COMPUTER SERVICES ’S LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT THE LICENSED SCRIPTS AND LIBRARIES, CONTENT UPDATES OR UPGRADES.

USE. You may use any Scripts and Libraries provided by SmartWare Computer Services on a website commissioned by you and hosted on our servers, freely and without encumbrances solely for the purpose intended and agreed upon by you and SmartWare Computer Services prior to deployment of said Scripts and Libraries.

MODIFICATION. You may not modify, alter, copy, reproduce, distribute, access or otherwise tamper with any Script or Libraries provided by SmartWare Computer Services. Modifications will be provided by SmartWare Computer Services upon request. Modifications or customization of any Scripts or Libraries, regardless if requested by you, do not, under any circumstances alter any aspect of this License Agreement. Additional charges may apply to Modifications and customizations requested by you.

TERMINATION. This License Agreement shall terminate upon the termination of any agreement between you and SmartWare Computer Services to host and manage your website. Scripts and Libraries cannot be moved to servers not in the control of SmartWare Computer Services. No third party access will be allowed under any circumstances to any Scripts and Libraries provided by SmartWare Computer Services.

ASSIGNMENT. You may not assign the rights granted hereunder or this License Agreement, in whole or in part and whether by operation of contract, law or otherwise.

COMPLIANCE WITH APPLICABLE LAW. You are solely responsible for compliance of your website with, and You agree to comply with, all applicable laws, rules, and regulations in connection with Your use of the website, Licensed Scripts or Libraries, or the content therein.

  • For Support issues, mailboxes, access problems:

    Our Mailing Address is:

    SmartWare Computer Services
    2821 South Bay Street, Suite B
    Eustis, Florida 32726

    Phone: (352) 483-4350