Terms of Service

1. Acceptance of Terms

By accessing, using, or purchasing any services from QuickSwitch ("we," "us," or "our"), including but not limited to managed hosting, security analysis, marketing consulting, custom development, and infrastructure services, you ("Client," "you," or "your") agree to be legally bound by these Terms of Service ("Terms").

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to all terms and conditions, you must not access or use our services.

2. Services Description

QuickSwitch provides the following services:

• Managed Hosting: Infrastructure hosting with 99.9% uptime SLA, 24/7 monitoring, maintenance, and support
• Security Analysis: Penetration testing, vulnerability assessments, and security consulting
• Marketing Consulting: Sales optimization, conversion rate improvement, and business growth strategies
• Custom Development: Web applications, mobile apps, and bespoke software solutions
• Infrastructure Services: DevOps automation, cloud migration, and system administration

Service specifications, deliverables, timelines, and pricing are detailed in individual service agreements or statements of work. We reserve the right to modify, suspend, or discontinue services with reasonable notice, except where prohibited by applicable law or existing contracts.

3. Payment Terms

Payment terms vary by service type. Hosting services are typically billed monthly or annually in advance. Consulting and custom development services may be billed hourly, by milestone, or as fixed-price projects as specified in your service agreement.

All fees are non-refundable unless otherwise specified in writing. Late payments may incur a 1.5% monthly service charge. We reserve the right to suspend services for accounts with overdue payments exceeding 30 days.

Prices may change with 30 days' written notice for ongoing services. Price changes do not affect existing fixed-term contracts.

4. Acceptable Use Policy

You agree to use our services responsibly and lawfully. Prohibited activities include:

• Illegal activities or content that violates applicable laws or regulations
• Distribution of malware, viruses, or other harmful code
• Unauthorized access to systems, networks, or data
• Sending unsolicited commercial messages (spam) or phishing attempts
• Denial-of-service attacks or network abuse
• Copyright infringement or distribution of pirated content
• Adult content, gambling, or other content prohibited by payment processors
• Resource abuse that impacts service performance for other users

Violation of this policy may result in immediate service suspension or termination. We may report illegal activities to appropriate authorities.

5. Data and Privacy

You retain ownership of all data you upload to our services. You grant us a limited license to process, store, and transmit your data solely to provide our services. We implement industry-standard security measures to protect your data.

You are responsible for maintaining regular backups of your data. While we perform regular backups for hosting services, these are for disaster recovery purposes and should not be relied upon as your primary backup solution.

Our Privacy Policy, incorporated by reference, details how we collect, use, and protect personal information.

6. Service Level Agreements

For managed hosting services, we guarantee 99.9% uptime calculated monthly, excluding scheduled maintenance and circumstances beyond our control. If we fail to meet this SLA, you may be eligible for service credits as outlined in your hosting agreement.

Scheduled maintenance will be performed during low-traffic periods with advance notice when possible. Emergency maintenance may be performed without notice to address security vulnerabilities or service disruptions.

7. Intellectual Property

QuickSwitch retains ownership of all proprietary technologies, methodologies, and intellectual property used in providing our services. Custom development work is owned by you upon full payment, unless otherwise specified in the development agreement.

You warrant that you have the right to use all content and data provided to us and that such use does not infringe on third-party rights.

8. Termination

Either party may terminate services with written notice as specified in the service agreement (typically 30 days for ongoing services). You may terminate immediately by ceasing use of services and providing written notice.

Upon termination:

• Access to services will cease on the termination date
• You remain responsible for all fees incurred through the termination date
• We will provide 30 days to retrieve your data before deletion
• Confidentiality obligations survive termination

We may terminate services immediately for material breach of these Terms, non-payment, or violation of the Acceptable Use Policy.

9. Warranties and Disclaimers

We provide services using commercially reasonable care and skill. However, except as expressly stated in these Terms or required by law, our services are provided "as is" without warranties of any kind.

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.

10. Limitation of Liability

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid us in the 12 months preceding the claim.

In no event shall we be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow limitation of liability for certain types of damages, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless QuickSwitch from any claims, damages, losses, or expenses arising from your use of our services, violation of these Terms, or infringement of third-party rights.

12. Dispute Resolution

Any disputes arising from these Terms or our services shall first be addressed through good faith negotiations. If unresolved within 30 days, disputes may be submitted to binding arbitration under the rules of the American Arbitration Association.

You may pursue claims in small claims court if they qualify. Nothing prevents either party from seeking injunctive relief for intellectual property violations or breaches of confidentiality.

13. Governing Law

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles. Any legal proceedings shall be conducted in the state or federal courts of Delaware.

14. Changes to Terms

We may update these Terms periodically. Material changes will be communicated via email or service notifications at least 30 days before taking effect. Continued use of our services after changes constitutes acceptance of the updated Terms.

15. Contact Information

For questions about these Terms or our services, contact us at:

Email: [email protected]
Address: QuickSwitch, LLC, 1111B S Governors Ave Suite 29099, Dover, DE 19904