Throughout the site, the terms "we", "us", and "our" refer to SwyftBooks.com and the website found at www.SwyftBooks.com.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, and/or contributors of content.
We provide this Service to create and manage the customer end products (as defined below) which may be provided through personalized or generalized designs, interaction services or content (collectively, the “Services”) through the website or directly through Swyft Books or by us on another’s website by and through the use of an API or other mechanism, Online Platform (the “Site”) or directly from Swyft Books and its representatives.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 18 GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
By agreeing to these Terms of Service, you represent that:
A breach or violation of any of the Terms will result in an immediate termination of your Services including removal of your customer end products from our hosting services and permanent bans from our Services. We may also report you to law enforcement officials in the appropriate jurisdictions.
Our website may provide you with legal, tax or accounting information as part of our website or as part of our tax preparation and advisory services. Information is not intended to constitute specific legal, tax, accounting or other professional advice, and may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your particular circumstances. As such, you agree not to act or rely upon such information before obtaining advice from other professional counsel qualified in the applicable subject matter and jurisdiction.
The Services enable the storage of your financial data. You consent to our collection of your financial data as controlled by you through our service. You acknowledge that the Services do not include the supply of any accounting, financial, investment, legal or other professional advice. We are not an accounting or other professional services firm. We do not hold any licenses for the supply of any accounting, financial, investment, legal or other professional advice, and none of the Services shall be construed as including any such services. When we present the data you provide us, it is not based on financial or accounting analysis and is not necessarily compatible with any specific accounting standards, such as GAAP (generally accepted accounting principles).
You are responsible for safeguarding access to your account. You further agree that we are not liable for or responsible for compliance with any of the laws and regulations governing intellectual property or data including without limitation, the laws, regulations and orders administered by the Federal Trade Commission, the Federal Drug Administration, the Internal Revenue Service, local and state payroll tax or employment agencies, or the Office of Foreign Assets Control (OFAC).
We reserve the right to refuse service to anyone for any reason at any time. We may exercise this on a case-by-case basis, or we may limit the sales of our products or services to any geographic region or jurisdiction.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. You are using the website for your own use only.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information or a licensed professional for any legal or tax advice. Any reliance on the material on this site is at your own risk.
While we strive to provide a good experience, if a mistake or error is made by us or you, you shall immediately notify us. We will use commercially reasonable efforts to investigate and remediate any issues, but we make no representation as to our ability to avoid or correct the errors. You agree to cooperate with us in these efforts.
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
If you signed up for one or more subscription services through the Website, these additional terms apply. Your license to the Services is valid during the period your subscription remains in good standing and there are no outstanding subscription payments (hereinafter “Subscription Term”). To keep your Subscription Term valid and in force, you must pay all charges to your account relating to your subscriptions, including applicable taxes and fees. Unless otherwise provided, your Subscription Term is on an automatic renewal and you will be required to pay, through the credit card provided by you, for the next applicable Subscription Term at the beginning of the Subscription Term period. These charges are applied regardless of whether you continue to use the Services during the Subscription Term. YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
If your Subscription Term is month to month and your purchase date is on the 29th through 31st day of any month, your renewal date will fall on the last day of the month for any succeeding months with fewer days. Unless otherwise provided, the renewal period will be the same as the price you originally paid.
We may offer promotional trial memberships. Although the promotional trial membership may be advertised as free promotional memberships, you authorize us to charge your credit card $1 to confirm the source of the payment. AT THE END OF A TRIAL OR PROMOTIONAL MEMBERSHIP, UNLESS OTHERWISE STATED IN THE OFFER OR YOU CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL SUBSCRIPTION TERM.
We may discontinue offering subscriptions and will cease charging you accordingly. We may also terminate your Subscription in our sole discretion subject to your right to a prorated refund of fees.
We may increase subscription fees and/or terms with 30 days’ notice to you. You may terminate your services before the increase in fees or renewal terms is put into effect. If you do not cancel, you will be charged the new rate at the time of the renewal of your Subscription Term the increased amount and/or your renewed Subscription Term will be the new applicable length.
If your payment on file is not approved on the date of the renewal of the Subscription Term, you will be allowed a period of at least three business days to provide updated payment information. If no updated information is provided after the three business-day period, we may suspend your service and terminate the Subscription. If we make a charge to your credit card and it is declined, we may, but are not obligated to, make up to five more attempts to bill the card over a thirty-day period. We reserve the right not to reactivate an account or subscription until all past due amounts are paid.
To cancel your subscription, contact us at support@SwyftBooks.com. After you have canceled, your subscription and account will remain active through the end of the then current Subscription Term. After termination, you may not have access to your account or the Services related to your subscription.
You are not entitled to any refund if we terminate this Agreement because of your breach. If you purchased access to the Services at a discounted price, any refund will lose the benefit of that discount.
Fees quoted do not include, and you shall pay and hold us harmless from all sales, use, gross receipts, value-added, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transaction contemplated herein, other than taxes based on our net income.
Nothing in these Terms grant you a right or license to use any intellectual property rights owned or controlled by us or any other third party, except as expressly provided for in these Terms. You agree not to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the intellectual property of ours except as permitted in these Terms. The use of the Services and the customer end products is governed by Section 2 and other Sections herein.
We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If we determine that you have not provided accurate information to us, we reserve the right, but are not obligated, to cancel the services to you or take whatever commercially reasonable and necessary steps to remedy any harm or wrongdoing caused by such inaccurate information.
If you reject a charge by and through your bank or credit card company (a “Chargeback”), that shall be considered a breach of these terms and therefore we may automatically suspend and/or terminate your access to the Services. In such a case, we reserve the right to block your access to your account including any customer end products without the option to repurchase or re-use it, and any end files and/or data contained in your account. We reserve to limit access to your account in these situations until you have paid all associated fees and additional costs incurred by us as a result of the Chargeback. We encourage you to work with our customer service team to resolve any issues or request any refunds before you institute a Chargeback.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s), such as the terms and conditions associated with the use of payroll services You further agree that if you opt in to receiving payroll services and we cease operations, your existing payroll service account information will be transferred to an account with the third-party payroll provider in order for you to continue receiving payroll services, and the third-party payroll provider will provide you with written notice regarding the new pricing structure relevant to the continuation of your services as well as their terms and conditions that exist at the time of the transfer.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are separate from us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries or reviews) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and the Services is governed by the European Union Data Protection Directive or national laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to its country and to such other countries as may be contemplated by the features and activities provided by the Services.
You have sole responsibility for the accuracy, appropriateness, and completeness of your data. We will use what you provide us to perform the Services, but we are not responsible for reviewing, validating, or otherwise confirming the accuracy, appropriateness, or completeness of your data.
You will take reasonable steps to help protect your data. You understand and agree that neither your efforts nor ours guarantee that the Services are invulnerable to all security breaches or immune from viruses, security threats, or other vulnerabilities. We are liable for the operation or failure by you or third parties to secure devices you use or the services or devices of any third party, including but not limited to processors, hosting services, internet service providers, and other third-party servicers. We are not responsible for performing, and are not liable for any failure to perform, any back-up of any of your data provided, transmitted, processed, or stored by you in or through the Services. It is your responsibility to back-up your data.
We reserve the right to cooperate with local, state, and federal authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information.
By providing us your mobile telephone number, you consent to receiving text messages at that number as requested for account verification, invitations, and other purposes related to the Services. We do not charge a fee for text messages, but your carrier may. We may also monitor and record support-related and other outbound and inbound calls for compliance, support, training, and other purposes. You consent to this.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, members, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Certain provisions herein intended to survive the termination of this Agreement shall remain enforceable notwithstanding any termination. These provisions include, but are not limited to, Sections 6, 9, 10, 14, 15 and 18.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
For the purposes of this Section, references to "you," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
The arbitrability of any Disputes (as defined below) is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Texas govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.
Arbitration. Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO ARBITRATION OPT OUT, 3 GREENWAY PLAZA, SUITE 1320, HOUSTON, TEXAS 77046 ATTN: LEGAL OPT-OUT AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) THIS WEBSITE ADDRESS; AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Any arbitration will be conducted by the AAA under its Commercial Arbitration Rules. If the value of the dispute is $75,000 or less, its Supplementary Procedures for Consumer-Related Disputes will also apply. On disputes involving $75,000 or less, we will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. You agree to commence arbitration only in your county of residence or in Harris County, Texas, US. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Nothing herein prohibits us from asking the arbitrator to award all costs of the arbitration including any Administrative Fees paid on your behalf.
If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arises out of or relates to this Agreement or use of the Sites shall be decided exclusively by a court of competent jurisdiction located in Houston, Harris County, Texas.
Dispute is defined as “Any dispute, claim or controversy between you and us, our members, officers, directors, agents, parent companies and affiliated companies that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with us that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation or ordinance), tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.
You may not access, download, use or export the Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.
We want you to be satisfied with our service. If you feel there was a problem with the service you received, please contact us at support@SwyftBooks.com or the phone number on our website. A customer service representative will be happy to get the issue resolved for you. If you decide that you want a refund, all such requests must be submitted within 60 days of purchase.
Your refund will be issued in the same form that it was received. For example, if the payment to us was made by credit card then the refund will be issued to the same credit card used to make the payment.
However, if you choose, you may request to receive a credit for future purchases/payments instead of a refund. Please note that all state fees, third-party fees, and all shipping costs are non-refundable.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at support@SwyftBooks.com.