Terms of Service
Smooth Moves will provide access to certain services subject to Client's acceptance of and compliance with these Terms and Conditions (hereinafter referred to as "Terms and Conditions") and enrolling through submission of a signed Binding Proposal (hereinafter referred to as "Agreement") and adhering to the parameters outlined in said Agreement.
Smooth Moves may provide Client with one or more of the following Services depending on the package that Client selects: loading, unloading, packing, shipping, receiving, disassembling and reassembling. Unless explicitly stated otherwise, any new feature that augments or enhances the services provided shall be considered to be part of the services. Smooth Moves reserves the right to modify, suspend or cancel services offered (or any part thereof), at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold Smooth Moves or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
Client agrees to pay Smooth Moves the total service fee as outlined in the Agreement, for any Service Client request in, pursuant to the terms of the Agreement, including, without limitation, all applicable taxes, if any, in accordance with the billing terms in effect at the time the service fee becomes payable. Client expressly understands, acknowledges and hereby authorizes Smooth Moves to charge Client's credit card or debit Client's bank account upon providing 50% of services requested.
If Smooth Moves is unable to process service fees to Client's credit card, successfully complete a bank draft, or transfer said fees in acceptable alternative manner, Smooth Moves may in its discretion charge a late fee of 1.5% of the amount due, plus incurring interest at the rate of 20% per month (or the maximum amount permitted by law, whichever is less) from the date such payments were originally due. Smooth Moves also reserves the right to pursue alternative means of payment up to and including debt collection services and customer shall be liable for all collection costs, including without limitation, attorneys' fees. Smooth Moves reserves the right to charge a service fee per account up to but not limited to $250 for non-payment or charge backs, and up to and $100 per incident for insufficient funds.
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT SMOOTH MOVES AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, TANGIBLE OR OTHER INTANGIBLE LOSSES (EVEN IF SMOOTH MOVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.