1. Introduction
Welcome to SmartersWEB TECH. These Terms of Service (“Terms”) govern your use of the SmartersWEB TECH website located at smartersweb.tech (“Website”) and all related services provided by SmartersWEB TECH (“Services”).
By accessing our Website or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website or use our Services.
2. Definitions
In these Terms:
- “Client”, “You”, and “Your” refers to you, the person or entity accessing this Website and accepting these Terms.
- “Company”, “We”, “Us”, and “Our” refers to SmartersWEB TECH.
- “Party” refers to either you or us. “Parties” refers to both you and us.
- “Content” refers to all materials on the Website, including text, images, graphics, logos, audio, video, and software.
- “Services” refers to all web development, design, maintenance, and related services offered by SmartersWEB TECH.
3. Services
SmartersWEB TECH provides web development, design, and maintenance services, including but not limited to:
- WordPress website development.
- E-commerce website development.
- Website redesign.
- WordPress maintenance and support.
- Custom web application development.
- SEO services.
The specific details, deliverables, timelines, and costs of Services will be outlined in a separate agreement or statement of work between SmartersWEB TECH and the Client.
4. Website Use
You agree to use the Website only for lawful purposes and in a way that does not infringe upon the rights of others or restrict or inhibit anyone else’s use and enjoyment of the Website.
Prohibited behavior includes, but is not limited to:
- Using the Website in any way that breaches any applicable local, national, or international law or regulation.
- Using the Website to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material.
- Attempting to gain unauthorized access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website.
- Attacking our Website via a denial-of-service attack or a distributed denial-of-service attack.
- Introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
5. Intellectual Property
The Website and its original Content, features, and functionality are owned by SmartersWEB TECH and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Unless otherwise stated, we own all intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not:
- Republish material from this Website (including republication on another website).
- Sell, rent, or sub-license material from the Website.
- Reproduce, duplicate, copy, or otherwise exploit material on our Website for a commercial purpose.
- Redistribute material from this Website except for content specifically and expressly made available for redistribution.
6. Client Content
When you provide content to us for inclusion in your website or other deliverables (“Client Content”), you retain ownership of any intellectual property rights that you hold in that content.
By providing Client Content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in any existing or future media. This license is only as broad as necessary for us to provide the Services.
You represent and warrant that:
- You own or control all rights in and to the Client Content.
- The Client Content does not infringe upon or violate the rights of any third party.
- The Client Content complies with all applicable laws and regulations.
7. Payment Terms
Payment terms for our Services will be outlined in a separate agreement or statement of work. Unless otherwise specified:
- A 50% deposit is required before work begins on any project.
- The remaining balance is due upon completion of the project before the final deliverables are provided.
- For ongoing services, payment is due according to the agreed-upon schedule.
- All fees are quoted in Canadian Dollars (CAD) and are subject to applicable taxes.
- Late payments may incur interest charges at a rate of 1.5% per month.
We accept payment via credit card, e-transfer, and direct bank transfer.
8. Project Timelines and Deliverables
Project timelines and deliverables will be outlined in a separate agreement or statement of work. We will make reasonable efforts to meet all deadlines, but we cannot guarantee specific completion dates unless expressly stated in writing.
Delays caused by the Client, including but not limited to delayed provision of content, feedback, or approvals, may result in project timeline adjustments.
9. Revisions and Alterations
The number of revisions included in a project will be specified in the agreement or statement of work. Additional revisions beyond the agreed-upon number may incur additional charges.
Substantial changes to the project scope may require a revised quote and timeline.
10. Termination
Either party may terminate the Services by providing written notice to the other party.
If the Client terminates the Services:
- The Client is responsible for paying for all work completed up to the termination date.
- The initial deposit is non-refundable.
- Any additional payments made for work not yet completed may be refunded at our discretion.
If SmartersWEB TECH terminates the Services:
- The Client is responsible for paying for all work completed up to the termination date.
- Any payments made for work not yet completed will be refunded.
We reserve the right to terminate Services immediately if the Client breaches these Terms.
11. Warranties and Representations
We warrant that:
- We will perform the Services with reasonable skill and care.
- Our deliverables will substantially conform to the specifications outlined in the agreement or statement of work.
To the maximum extent permitted by applicable law, we disclaim all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
12. Limitation of Liability
To the maximum extent permitted by applicable law, SmartersWEB TECH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Website or Services.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Website.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party.
In no event shall our total liability to you for all claims exceed the amount paid by you to us for the Services during the six (6) months prior to the claim.
13. Indemnification
You agree to defend, indemnify, and hold harmless SmartersWEB TECH and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Website and Services.
- Your violation of any term of these Terms.
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
- Any claim that your Client Content caused damage to a third party.
14. Third-Party Links
Our Website may contain links to third-party websites or services that are not owned or controlled by SmartersWEB TECH.
SmartersWEB TECH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that SmartersWEB TECH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
15. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website and Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website and Services.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
17. Dispute Resolution
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Toronto, Ontario, using the English language in accordance with the arbitration rules and procedures of the Canadian Arbitration Association then in effect.
The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees.
18. Entire Agreement
These Terms constitute the entire agreement between you and SmartersWEB TECH regarding our Website and Services and supersede and replace any prior agreements we might have had between us regarding the Website and Services.
19. Contact Us
If you have any questions about these Terms, please contact us at:
SmartersWEB TECH
Email: legal@smartersweb.tech
Phone: [Your Phone Number]
Address: [Your Physical Address]