Terms of Service

Last updated: August 22, 2024

Agreement to Terms

By accessing and using SwitchWise MoveMaster services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these terms, please do not use our services.

These terms apply to all users of our website and services, including clients who purchase our ISP migration services, visitors to our website, and any third parties acting on behalf of our clients.

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

Service Description

SwitchWise MoveMaster provides professional ISP migration services designed to help businesses transition between internet service providers without experiencing downtime. Our comprehensive services include:

  • Network Assessment: Comprehensive analysis and documentation of current network configurations, including WAN settings, VLANs, port forwards, and security policies.
  • ISP Coordination: Liaison with new internet service providers to ensure proper circuit provisioning and configuration according to documented requirements.
  • Migration Planning: Development of detailed migration plans, timeline coordination, and risk assessment to minimize business disruption.
  • Technical Implementation: Hands-on configuration of network equipment, testing of new connections, and execution of coordinated cutover procedures.
  • Post-Migration Support: Validation testing, performance monitoring, and ongoing technical support to ensure successful transition completion.
  • Documentation Services: Comprehensive documentation of network configurations, migration procedures, and post-implementation network topology.
  • Emergency Support: Rapid response capabilities for migration-related issues and immediate rollback procedures if needed.
  • Training and Knowledge Transfer: Staff training on new configurations and best practices for ongoing network management.

Our services are specifically designed for business customers seeking to change internet service providers while maintaining operational continuity and network security.

Client Responsibilities

To ensure successful migration and optimal service delivery, clients must fulfill the following responsibilities:

  • Accurate Information: Provide complete and accurate information about current network configuration, business requirements, and operational constraints.
  • Access Provision: Grant necessary physical and remote access to network equipment, systems, and facilities required for assessment and configuration.
  • Stakeholder Coordination: Coordinate internal stakeholders, obtain necessary approvals, and ensure availability of key personnel during migration activities.
  • Service Continuity: Maintain current ISP service until migration is completed and validated, avoiding any premature service cancellations.
  • Compliance with Recommendations: Follow our technical recommendations and preparation procedures to ensure optimal migration outcomes.
  • Change Management: Implement proper change management procedures and communicate migration schedules to affected users and systems.
  • Backup Procedures: Maintain current backup procedures and ensure critical data is protected throughout the migration process.
  • Testing Participation: Participate in pre-migration testing, validation procedures, and post-migration verification activities.
  • Documentation Review: Review and approve migration plans, network documentation, and configuration changes before implementation.
  • Payment Obligations: Make timely payments according to agreed-upon payment schedules and terms.

Service Guarantees and Warranties

We provide the following commitments and warranties for our migration services, subject to the terms and conditions outlined herein:

  • Downtime Minimization: If significant unplanned downtime occurs due to our oversight or error during the migration process, we will provide emergency remediation at no additional cost and discuss appropriate remedies.
  • Configuration Accuracy: We will work to accurately recreate all documented network settings, security policies, and operational parameters on the new ISP connection according to specifications.
  • Rollback Capability: We provide rollback procedures to restore original network configuration if migration issues arise, with documented rollback procedures and emergency contact protocols.
  • Performance Standards: We aim for network performance that meets or exceeds baseline measurements taken prior to migration, with documented performance validation procedures.
  • Security Maintenance: We work to maintain all security configurations, access controls, and protection mechanisms during the migration process.
  • Support Availability: Technical support will be available during agreed-upon migration windows and for specified post-migration periods.
  • Documentation Completeness: Comprehensive documentation of new network configuration will be provided upon migration completion.

These commitments are subject to the client following our recommendations, providing accurate information, and avoiding unauthorized changes during the migration process.

Limitation of Liability

While we strive for perfect execution in all migration activities, our liability is limited as follows:

  • Maximum Liability: Our total liability for any claims arising from our services shall not exceed the total fees paid for the specific service engagement.
  • Third-Party Limitations: We are not liable for delays, failures, or issues caused by internet service providers, equipment manufacturers, or other third-party service providers.
  • Force Majeure: We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, power outages, or ISP infrastructure failures.
  • Client Modifications: Any modifications to network configuration made by the client during the migration process void our guarantees and limit our liability.
  • Consequential Damages: We are not liable for indirect, incidental, special, or consequential damages, including lost profits or business interruption.
  • Data Loss: While we implement comprehensive backup procedures, clients are responsible for maintaining independent data backups and disaster recovery capabilities.
  • Equipment Failure: We are not liable for hardware failures or equipment malfunctions not directly caused by our configuration activities.
  • Regulatory Compliance: Clients are responsible for ensuring their network configurations comply with applicable industry regulations and standards.

Payment Terms and Conditions

Payment terms for our services are structured to ensure fair and transparent billing practices:

  • Deposit Requirements: A 50% deposit is required upon service agreement signing to secure project scheduling and resource allocation.
  • Final Payment: The remaining balance is due within 30 days of successful migration completion and client acceptance of deliverables.
  • Enterprise Arrangements: Large enterprise packages may have custom payment schedules negotiated based on project scope and duration.
  • Late Payment: Late payments may incur interest charges of 1.5% per month or the maximum rate allowed by law, whichever is lower.
  • Refund Policy: Service fees are non-refundable except as specifically outlined in our service guarantees and warranty provisions.
  • Additional Services: Any services beyond the original scope of work will be billed separately at our standard hourly rates.
  • Expense Reimbursement: Client will reimburse reasonable expenses incurred for on-site services, including travel, accommodation, and equipment costs.
  • Currency and Taxes: All fees are quoted in US dollars and exclude applicable taxes, which will be added to invoices as required by law.

Intellectual Property Rights

Intellectual property rights are clearly defined to protect both parties' interests:

  • Proprietary Methodologies: All migration methodologies, assessment tools, and proprietary software remain the exclusive intellectual property of SwitchWise MoveMaster.
  • Client Documentation: Network documentation, configuration files, and migration reports provided to clients are licensed for internal use only.
  • Third-Party Software: Any third-party software or tools used during migration remain subject to their respective license agreements.
  • Confidential Information: Both parties agree to protect confidential information and not disclose proprietary methods or sensitive data to third parties.
  • Work Product: Custom configurations and documentation created specifically for client networks become the property of the client upon full payment.

Confidentiality and Data Protection

We maintain strict confidentiality and data protection standards:

  • Non-Disclosure: All client information, network configurations, and business data will be kept strictly confidential and not disclosed to third parties.
  • Data Security: We implement industry-standard security measures to protect client data during collection, processing, and storage.
  • Employee Obligations: All employees and contractors are bound by confidentiality agreements and security protocols.
  • Data Retention: Client data will be retained only as long as necessary to provide services and meet legal obligations.

Service Modifications and Cancellation

Service modifications and cancellation procedures are designed to provide flexibility while protecting both parties:

  • Scope Changes: Any changes to the original scope of work must be documented in writing and may result in additional fees.
  • Client Cancellation: Clients may cancel services with 48 hours written notice, but deposits and completed work are non-refundable.
  • Service Termination: We reserve the right to terminate services for non-payment, breach of terms, or if continuation would compromise network security.
  • Project Delays: If client-caused delays extend project timelines, additional fees may apply for extended resource allocation.

Dispute Resolution

We are committed to resolving disputes fairly and efficiently:

  • Direct Communication: Initial disputes should be addressed through direct communication with our project management team.
  • Mediation: If direct resolution is not possible, disputes will be subject to binding mediation before a qualified mediator.
  • Governing Law: These terms are governed by the laws of the State of Texas, United States.
  • Jurisdiction: Any legal proceedings will be conducted in the appropriate courts of Harris County, Texas.

Termination

Either party may terminate the service agreement under the following conditions:

  • Mutual Agreement: Services may be terminated by mutual written agreement between both parties.
  • Breach of Contract: Either party may terminate for material breach that remains uncured after 30 days written notice.
  • Insolvency: Services may be terminated if either party becomes insolvent or files for bankruptcy protection.
  • Post-Termination: Upon termination, we will provide all completed documentation and assist with orderly project closure.

Contact Information

For questions about these Terms of Service or to discuss service agreements, contact us:

  • Email: [email protected]
  • Phone: +1 (713) 572-9460
  • Address: 2925 Richmond Ave, Houston, TX 77098, USA
  • Business Hours: Monday - Friday, 8:00 AM - 6:00 PM CST