Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Smith Systems Security ("Company," "we," "us," or "our") governing your use of our website smithsystemssecurity.com and related services.

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our website or services.

2. Description of Services

Smith Systems Security provides:

• Commercial security system design, installation, and maintenance
• Residential security system design, installation, and maintenance
• Installation services for security installation partners
• Security system integration and consulting
• Ongoing monitoring and support services

Services are subject to availability and may vary based on location and specific requirements.

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.

4. User Accounts

To access certain features, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

5. Service Agreements and Quotes

5.1 Quotes

Quotes provided through our website or by our representatives are estimates only and are valid for 30 days unless otherwise specified. Final pricing may vary based on site assessment and project requirements.

5.2 Service Contracts

Formal service contracts will be provided for all installation and maintenance services. These contracts will supersede any prior agreements and will include specific terms, pricing, scope of work, and warranties.

5.3 Installation Partner Terms

Installation partners working with Smith Systems Security must have a separate partnership agreement in place. Terms for installation partnerships are governed by those specific agreements.

6. Payment Terms

• Payment terms will be specified in your service contract
• Payment is typically due upon completion unless otherwise agreed
• We accept payment via methods specified in your contract
• Prices do not include applicable taxes unless stated otherwise
• Late payments may be subject to interest charges as permitted by law
• All payments are in U.S. Dollars unless otherwise specified

7. Cancellation and Refunds

7.1 Cancellation Policy

Service cancellations must be made in writing. Cancellation terms are as follows:

• Before work begins: Full refund of deposits minus a $250 administrative fee
• After work begins: Refund of unused portion minus costs incurred and 20% restocking fee
• Scheduled appointments: 48-hour notice required or $150 cancellation fee applies

7.2 Our Right to Cancel

We reserve the right to refuse or cancel service at our discretion, including for non-payment, safety concerns, or violation of these Terms.

8. Warranties and Disclaimers

8.1 Service Warranty

We warrant that our installation services will be performed in a professional and workmanlike manner. Equipment warranties are provided by the equipment manufacturers. Specific warranty terms will be detailed in your service contract.

8.2 Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• Our website will be uninterrupted, secure, or error-free
• The information provided will be accurate or complete
• Any defects will be corrected
• Security systems will prevent all intrusions or losses

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• IN NO EVENT SHALL SMITH SYSTEMS SECURITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
• WE ARE NOT LIABLE FOR LOSSES RESULTING FROM THEFT, INTRUSION, FIRE, OR OTHER INCIDENTS THAT OUR SECURITY SYSTEMS ARE DESIGNED TO PREVENT OR DETECT. SECURITY SYSTEMS ARE A DETERRENT AND DETECTION TOOL, NOT A GUARANTEE OF PREVENTION.
• WE ARE NOT RESPONSIBLE FOR FAILURES DUE TO POWER OUTAGES, INTERNET CONNECTIVITY ISSUES, NATURAL DISASTERS, OR OTHER CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Smith Systems Security and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any rights of another party
• Any misuse of our equipment or services

11. Acceptable Use Policy

You agree not to:

• Use our website or services for any illegal purpose
• Violate any local, state, national, or international law
• Infringe upon the intellectual property rights of others
• Transmit any harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the website or services
• Harass, abuse, or harm another person
• Impersonate any person or entity
• Collect information about other users without consent

12. Intellectual Property Rights

All content on our website, including text, graphics, logos, images, software, and design elements, is the property of Smith Systems Security or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, or distribute our content without permission
• Modify or create derivative works
• Reverse engineer any software or technology
• Remove copyright or proprietary notices

Limited use for personal, non-commercial purposes is permitted.

13. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of these third-party sites. Your interactions with third-party sites are at your own risk.

14. Privacy

Your use of our website and services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

15. Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. The "Last Updated" date will reflect the most recent revision. Your continued use of our website or services after changes constitutes acceptance of the modified Terms.

Material changes will be communicated through prominent website notice or email notification.

16. Termination

We may terminate or suspend your access to our website or services immediately, without prior notice, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the website and services ceases immediately
• Any outstanding payment obligations remain due
• Service-specific terms in your contract continue to apply

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of Texas, United States, without regard to conflict of law principles.

17.2 Informal Resolution

Before filing a formal claim, you agree to contact us to attempt informal resolution. Contact us at [email protected] with details of your dispute.

17.3 Arbitration

If informal resolution is unsuccessful, any dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will be conducted in Denton County, Texas. Each party will bear its own costs and fees.

17.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

17.5 Exceptions

Either party may seek injunctive relief in court for violations of intellectual property rights or these Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any service contracts, constitute the entire agreement between you and Smith Systems Security regarding your use of our website and services, superseding any prior agreements.

20. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21. Contact Information

For questions about these Terms of Service, please contact us:

Smith Systems Security
Email: [email protected]
Phone: 940-202-0125
Address: 195 E Round Grove Rd Apt 936, Lewisville, TX 76209

22. Acknowledgment

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.