Terms and Conditions

These Terms and Conditions are effective from the date the Client engages SMARTLY WEBBeD™ for any Service(s). As resources are allocated and work commences within one (1) hour of sign-up, the Client is kindly advised to read and familiarise themselves with the full contents of this document at their earliest convenience.

SMARTLY WEBBeD™ - WEB | DIGITAL | GRAPHICS | SOCIAL
Website Design & Development
Web App Development
Mobile App Development
SaaS Development
API Development
Search Engine Optimization
Answer Engine Optimization
Generative Engine Optimization
Social Media Marketing
Performance Marketing
e-Mail Marketing
Content Marketing
AI Chatbots
AI Automations
AI Agents
WhatsApp Automation
CRM Automation
UI/ UX Design
Graphics Design
Logo Design
Brand Identity
Social Media Kit
Shopify Development
WooCommerce
Custom Store
Payment Integration
Product SEO
Funnel Development
Lead Generation
CRM Set-up
Analytics & Tracking
Website Maintenance
INDIA • USA • CANADA
TERMS AND CONDITIONS:

By continuing to browse and use this website, you agree to comply with and be bound by the following Terms and Conditions, which together with our Privacy Policy govern SMARTLY WEBBeD's relationship with you in relation to this website and all Services offered herein.

SMARTLY WEBBeD provides products, creative assets, software, and professional Services (collectively referred to as "Services") subject to the Client's acceptance of and full compliance with the Terms and Conditions (referred to as "Terms") and the Service Level Assurance Agreement ("SLAA") outlined below.

TERMS:

The Terms of this Agreement will commence on the date the Client enrolls for our Services and will remain in effect until terminated by either party in accordance with these Terms and the SLAA.

SMARTLY WEBBeD reserves the right to display its identifying marks — including but not limited to its Logo, Design, URL, or any other brand identity element — on all websites, creative assets, videos, graphics, and digital products produced by SMARTLY WEBBeD. This right shall come into force without requiring the consent of the Client, unless explicitly waived in writing by SMARTLY WEBBeD.

DESCRIPTION OF SERVICE:

SMARTLY WEBBeD may provide the Client with one or more of the following Services, depending on the selected service package:

  • Website Design and Development (new builds and revamping of existing websites)
  • Web Application Development
  • Mobile App Development (Android and iOS, native and cross-platform)
  • SaaS (Software-as-a-Service) Platform Development
  • API Development and Third-Party Integrations
  • Logo Design (new builds and revamping of existing logos)
  • Graphic Design (digital)
  • UI/UX Design
  • Packaging Design
  • Brand Identity and Brand Guidelines
  • Social Media Kits and Templates
  • 2D and 3D Animated Video Production and Infographic Video Development
  • Search Engine Optimization — SEO (monthly subscription-based)
  • Answer Engine Optimization — AEO (monthly subscription-based)
  • Generative Engine Optimization — GEO (monthly subscription-based)
  • Social Media Marketing — SMM (monthly subscription-based)
  • Performance Marketing — Paid Ads (Google, Meta, and others)
  • Email Marketing Campaigns
  • Content Marketing and Strategy
  • Digital Marketing Services (monthly subscription-based)
  • AI Chatbot Development (NLP/LLM-powered, omnichannel)
  • AI Automation and Intelligent Workflow Pipelines
  • Autonomous AI Agents
  • WhatsApp Business Automation (via official WhatsApp Business API)
  • CRM Automation (including Salesforce, HubSpot, and custom CRM platforms)
  • Shopify Store Development
  • WooCommerce Development
  • Custom E-Commerce Store Development
  • Payment Gateway Integration
  • Product SEO and Catalogue Optimization
  • Sales Funnel Development
  • Lead Generation Systems
  • CRM Setup and Configuration
  • Analytics and Tracking (Google Analytics, Google Tag Manager, and others)
  • Storage space, domain-based email services, website hosting, and/or website maintenance
  • Custom Service Packages (tailored to specific Client requirements)

Unless explicitly stated otherwise, any new features or services that augment or enhance the existing Services shall be deemed part of the Services.

SMARTLY WEBBeD reserves the right to modify, suspend, or discontinue any Service (or any part thereof) at any time, with or without prior notice, in the event of Client non-cooperation, non-payment, delayed approvals, or failure to provide required content or information. By engaging our Services, the Client expressly agrees that neither the Client nor any associated third party shall hold SMARTLY WEBBeD or its suppliers liable for any losses, damages, or consequences arising from such modification, suspension, or discontinuation of Services.

ACCESS TO INFORMATION:

For the purposes of this Agreement, all web pages owned, operated, or hosted by, on behalf of, or for SMARTLY WEBBeD are referred to herein as the SMARTLY WEBBeD Websites.

To access SMARTLY WEBBeD Services or Websites, the Client may be required to provide certain registration details or other information. It is a condition of the Client's use of the Services that all information provided by the Client be correct, current, and complete. If SMARTLY WEBBeD believes that the information provided is not correct, current, or complete, it reserves the right to refuse the Client access to any SMARTLY WEBBeD Websites, Services, or associated resources, and to terminate or suspend the Client's account at any time, without prior notice.

All calls may be recorded for training and quality assurance purposes.

CREATIVE OWNERSHIP AND INTELLECTUAL PROPERTY:

All creative works produced by SMARTLY WEBBeD — including but not limited to website designs, logos, graphic assets, animated videos, infographic videos, social media creatives, digital marketing materials, AI system architectures, automation workflows, and any other digital or print deliverables — remain the sole intellectual property of SMARTLY WEBBeD until full and final payment has been received from the Client.

Upon receipt of complete payment, ownership of the final deliverables, as agreed upon in the project scope, shall transfer to the Client. However, SMARTLY WEBBeD retains the right to display all completed works in its portfolio, marketing materials, and promotional channels unless the Client explicitly requests confidentiality in writing prior to project commencement.

Source files, working files, raw assets, and project templates shall remain the exclusive property of SMARTLY WEBBeD at all times and will not be transferred to the Client unless explicitly agreed upon in writing and subject to an additional fee.

For AI Solutions — including AI chatbots, automation pipelines, AI agents, CRM automation, and WhatsApp automation — proprietary frameworks, model configurations, prompt architectures, and automation logic developed by SMARTLY WEBBeD remain the exclusive intellectual property of SMARTLY WEBBeD at all times. Upon full payment, the Client receives a licence to use and operate the deployed solution; ownership of the underlying architecture, frameworks, and methodologies does not transfer to the Client unless explicitly agreed otherwise in a separate written agreement.

TRADEMARK & BRAND IDENTITY:

The name SMARTLY WEBBeD™, the SmartlyWebbed logo, its visual identity, taglines, colour palette, and all associated brand elements are proprietary trademarks of SmartlyWebbed. A trademark registration application has been filed and is currently pending approval under applicable intellectual property law. Upon grant of registration, these marks will be identified as SMARTLY WEBBeD® accordingly.

These marks are protected under applicable trademark, intellectual property, and unfair competition laws across all jurisdictions in which SmartlyWebbed operates, including but not limited to India, the United States of America, and Canada.

No individual, business, organization, or entity — whether incorporated or otherwise — is permitted to use, reproduce, copy, imitate, modify, create derivatives of, or incorporate the SMARTLY WEBBeD name, logo, or any confusingly similar mark in any medium — digital, print, broadcast, or otherwise — without the prior express written consent of SmartlyWebbed.

Any unauthorized use of SmartlyWebbed's trademarks or brand identity constitutes trademark infringement and/or unfair competition under applicable law. SmartlyWebbed reserves the right to pursue all available legal remedies against any infringing party, including but not limited to injunctive relief, recovery of damages, and reimbursement of legal costs.

BRAND ATTRIBUTION:

All deliverables produced by SMARTLY WEBBeD — including but not limited to websites, web pages, logos, graphic designs, animated videos, infographic videos, and any other digital or print creative assets — shall, where applicable, carry SMARTLY WEBBeD's brand attribution, identifying SMARTLY WEBBeD as the maker, creator, and developer of the said work. This attribution may appear in the form of a logo mark, footer credit, watermark, embedded metadata, or any other form deemed appropriate by SMARTLY WEBBeD. This right of attribution is non-negotiable and shall remain in effect irrespective of the completion of payment, unless a formal written waiver is requested by the Client and expressly granted by SMARTLY WEBBeD in writing, prior to the commencement of the project. Any unauthorized removal, alteration, or concealment of SMARTLY WEBBeD's brand attribution by the Client or any associated third party shall be considered a breach of this Agreement and may result in legal action.

SCOPE OF WORK AND REVISION POLICY:

All projects undertaken by SMARTLY WEBBeD are governed by an agreed-upon project scope, as outlined in the proposal or work order accepted by the Client. Any request for additions, alterations, or modifications that fall outside the agreed scope shall be treated as a new or additional requirement and will be subject to separate quotation and billing.

SMARTLY WEBBeD will provide a defined number of revisions as specified in the project proposal. Revisions beyond the agreed limit will attract additional charges, to be determined by SMARTLY WEBBeD on a case-by-case basis.

SMARTLY WEBBeD shall not be held responsible for project delays caused by late feedback, delayed content submission, or lack of timely approvals from the Client. In such cases, SMARTLY WEBBeD reserves the right to revise project timelines and delivery dates and the total cost accordingly.

SUBSCRIPTION-BASED SERVICES (SEO, AEO, GEO, SMM & DIGITAL MARKETING):

Services including Search Engine Optimization (SEO), Answer Engine Optimization (AEO), Generative Engine Optimization (GEO), Social Media Marketing (SMM), Performance Marketing, Email Marketing, Content Marketing, and broader Digital Marketing are offered on a monthly subscription basis. The following terms apply specifically to these services:

  • Subscription fees are due and payable at the beginning of each billing cycle, as agreed upon in the selected service plan.
  • SMARTLY WEBBeD does not guarantee specific rankings, AI citation frequency, follower counts, engagement metrics, lead volumes, traffic figures, or any other performance-based outcomes, as results are subject to third-party platform algorithms, search engine and AI engine policy changes, and market conditions beyond SMARTLY WEBBeD's control.
  • A minimum commitment period may apply to subscription-based services, as specified in the service agreement. Early termination of a subscription prior to the minimum commitment period will not entitle the Client to a refund of fees paid.
  • SMARTLY WEBBeD reserves the right to revise subscription pricing with a minimum notice period of thirty (30) days prior to the next billing cycle.
  • Failure to make timely payment will result in the immediate suspension of subscription services. SMARTLY WEBBeD shall bear no liability for any loss of rankings, AI visibility, reach, engagement, or business resulting from such suspension.
  • For Performance Marketing (paid advertising) services, the Client is solely responsible for maintaining sufficient advertising budget in their respective ad accounts (Google Ads, Meta Ads, or others). SMARTLY WEBBeD shall not be liable for any campaign underperformance or disruption arising from insufficient ad spend or account-level restrictions imposed by third-party platforms.
AI SOLUTIONS — SPECIFIC TERMS:

The following terms apply specifically to all AI Solutions services, including AI Chatbot Development, AI Automation, AI Agents, WhatsApp Automation, and CRM Automation:

  • Nature of AI Outputs: The Client acknowledges that AI systems, chatbots, automation pipelines, and AI agents produce outputs based on probabilistic models and machine learning processes. SMARTLY WEBBeD does not guarantee the accuracy, completeness, or suitability of any output generated by AI systems deployed on the Client's behalf. The Client assumes full responsibility for reviewing, validating, and acting upon AI-generated outputs.
  • No Liability for AI Decisions: SMARTLY WEBBeD shall not be held liable for any business decisions, financial outcomes, or consequential losses arising from the use of, or reliance upon, outputs generated by AI systems developed or deployed by SMARTLY WEBBeD.
  • Third-Party AI Platform Dependency: AI solutions may depend on third-party Large Language Model (LLM) providers, APIs, and platforms (including but not limited to OpenAI, Google, Meta, Anthropic, and others). SMARTLY WEBBeD shall not be held responsible for service interruptions, policy changes, pricing revisions, or deprecations by such third-party AI providers that may affect the functionality of deployed AI solutions. Any additional costs arising from third-party AI platform pricing changes shall be borne by the Client.
  • WhatsApp Automation Compliance: WhatsApp automation deployments are executed via the official WhatsApp Business API in compliance with Meta's Business Policy and WhatsApp Commerce Policy. The Client is solely responsible for obtaining all necessary opt-in consents from their end users prior to initiating any automated messaging or broadcast communications. SMARTLY WEBBeD shall not be liable for any account restrictions, suspensions, or penalties imposed by Meta or WhatsApp arising from the Client's failure to comply with applicable platform policies.
  • CRM Automation Platform Dependency: CRM automation services may involve integration with third-party CRM platforms including Salesforce, HubSpot, Zoho, or custom CRM architectures. The Client is responsible for maintaining active, valid subscriptions and access credentials to all required CRM platforms. SMARTLY WEBBeD shall not be liable for disruptions to CRM automation arising from platform outages, policy changes, or access revocations by the Client's CRM provider.
  • Data Responsibility: The Client assumes full responsibility as the Data Controller for all personal data processed through AI systems, chatbots, and automation workflows deployed by SMARTLY WEBBeD on the Client's behalf. SMARTLY WEBBeD acts as a Data Processor and will handle such data solely in accordance with the Client's instructions and applicable data protection law.
  • Ongoing Maintenance: AI systems, automation workflows, and integrated solutions may require periodic reconfiguration, prompt updates, or model adjustments as third-party platforms evolve. Such updates beyond the initial delivery scope will be treated as additional work and quoted accordingly.
E-COMMERCE SERVICES — SPECIFIC TERMS:

The following terms apply specifically to all E-Commerce services, including Shopify Development, WooCommerce Development, Custom Store Development, Payment Integration, and Product SEO:

  • Platform Dependency: E-commerce solutions built on Shopify, WooCommerce, or other third-party platforms are subject to the terms of service, pricing structures, feature updates, and policy changes of those respective platforms. SMARTLY WEBBeD shall not be liable for any disruption, feature loss, or additional costs arising from changes made by Shopify, WooCommerce, or any other e-commerce platform provider.
  • Payment Gateway Integration: Payment gateway integrations (including but not limited to Razorpay, Stripe, PayPal, and others) are subject to the terms, fees, and compliance requirements of the respective payment gateway providers. The Client is solely responsible for maintaining valid merchant accounts, completing required KYC/compliance verifications, and adhering to applicable payment processing regulations in their jurisdiction. SMARTLY WEBBeD shall not be liable for payment failures, chargebacks, or account suspensions imposed by payment gateway providers.
  • Sales Performance: SMARTLY WEBBeD does not guarantee specific sales volumes, conversion rates, or revenue outcomes for any e-commerce solution delivered. Store performance is influenced by factors including product pricing, market demand, customer behaviour, and third-party platform algorithms, which are beyond SMARTLY WEBBeD's control.
  • Product Content: The Client is solely responsible for ensuring that all product descriptions, pricing, imagery, and other content published on the e-commerce store are accurate, lawful, and compliant with applicable consumer protection laws in their jurisdiction.
GROWTH SOLUTIONS — SPECIFIC TERMS:

The following terms apply specifically to Growth Solutions services, including Funnel Development, Lead Generation, CRM Setup, Analytics and Tracking, and Website Maintenance:

  • Lead Generation: SMARTLY WEBBeD does not guarantee specific lead volumes, lead quality, or conversion rates, as these are influenced by market conditions, audience behaviour, ad budgets, and other factors outside SMARTLY WEBBeD's direct control.
  • Analytics and Tracking: Implementation of analytics and tracking solutions (including Google Analytics, Google Tag Manager, Meta Pixel, and others) is carried out to the best of SMARTLY WEBBeD's expertise. The Client acknowledges that data accuracy in analytics platforms may be affected by ad blockers, browser privacy settings, and third-party platform limitations. SMARTLY WEBBeD shall not be liable for data discrepancies arising from such factors.
  • CRM Setup: CRM setup and configuration services are delivered based on the Client's stated requirements at the time of engagement. Any subsequent changes to CRM structure, workflow requirements, or platform selection shall be treated as additional work and quoted separately.
  • Website Maintenance: Website maintenance retainer services are governed by the Annual Maintenance Clause and Annual Maintenance Framework (AMF) detailed below. The scope of maintenance work included in each retainer is defined in the applicable service agreement.
REPRESENTATIONS AND WARRANTIES:

The Client represents, warrants, and covenants to SMARTLY WEBBeD that:

  • The Client has full legal authority, capacity, and authorization to enter into this Agreement and to be bound by its Terms and Conditions, Policies, and the Service Level Assurance Agreement (SLAA).
  • The Client is engaging SMARTLY WEBBeD's Services solely for lawful commercial and business purposes, and not as a consumer. All use of SMARTLY WEBBeD's Services shall be in full compliance with all applicable local, national, and international laws and regulations.
  • The Client has the full legal right, title, license, and authority to provide all content, materials, information, logos, images, text, trademarks, and any other assets submitted to SMARTLY WEBBeD for use in the delivery of the agreed Services. SMARTLY WEBBeD shall bear no responsibility or liability for any intellectual property infringement, copyright violation, or legal claim arising from the use of content or materials provided by the Client.
  • All information, content, and materials provided by the Client to SMARTLY WEBBeD are accurate, complete, and do not violate the rights of any third party, including but not limited to intellectual property rights, privacy rights, and publicity rights.
  • The Client shall not use any deliverable, product, or Service provided by SMARTLY WEBBeD for any unlawful, fraudulent, defamatory, harmful, or malicious purpose, including but not limited to the use of AI systems, chatbots, automation tools, or any other deliverable to deceive, defraud, harass, or harm individuals or organizations.
  • The Client acknowledges that any breach of the above representations and warranties shall constitute a material breach of this Agreement, and SMARTLY WEBBeD reserves the right to immediately suspend or terminate all Services, retain all payments made, and pursue all available legal remedies without further notice.

SMARTLY WEBBeD represents and warrants to the Client that:

  • It has the legal authority and capability to enter into this Agreement and to deliver the Services as described herein.
  • It will perform all Services with reasonable skill, care, and professionalism, in accordance with industry standards.
  • It will handle all Client information and data in accordance with its Privacy Policy.
POST DELIVERY CLAUSE:

This clause remains applicable to Website Design and Development (new builds and revamping of existing websites), Web Application Development, Mobile App Development, and SaaS Development projects. SMARTLY WEBBeD will be obligated to provide Technical Support on all delivered projects for no more than six (6) months (180 days, inclusive of weekends and public holidays) from the date of delivery/go-live. This clause shall not apply to projects not hosted with SMARTLY WEBBeD, as we cannot be held responsible for changes made by other providers.

For AI Solutions projects (AI chatbots, automation pipelines, AI agents, WhatsApp automation, and CRM automation), post-delivery technical support covers a period of thirty (30) days from the date of delivery/go-live. After this period, all support, reconfiguration, model updates, and maintenance shall be treated as additional billable work.

For any issues arising after the support period specified above, SMARTLY WEBBeD will be happy to offer assistance; however, all such assistance will be at the Client's cost. The cost will be determined on a case-by-case basis following a proper requirements analysis.

For the purposes of this clause, the term "Technical Support" is defined to cover only the following:

  • Error/bug fixing
  • Technical troubleshooting
  • Technical advice
  • Minor changes to the site or system — this does not include any structural, functional, design, or other changes that alter the original scope of the project
ANNUAL MAINTENANCE CLAUSE:

SMARTLY WEBBeD reserves the right to charge the Client an Annual Maintenance Fee for the continued maintenance and upkeep of the Client's project. The amount of the Annual Maintenance Fee shall be determined solely by SMARTLY WEBBeD and will be communicated to the Client prior to the commencement of each maintenance period.

Once the Client has agreed to the Annual Maintenance Fee, the fee becomes binding and non-negotiable. The Annual Maintenance Fee is an unavoidable and mandatory obligation, and the Client is required to make payment in full by the due date specified by SMARTLY WEBBeD.

Failure to pay the Annual Maintenance Fee by the stipulated due date will result in the immediate suspension of all maintenance services. In such an event, SMARTLY WEBBeD shall bear no responsibility, obligation, or liability for any degradation, malfunction, downtime, data loss, security vulnerabilities, or any other direct, indirect, incidental, or consequential losses or damages arising from the lack of maintenance. The Client expressly acknowledges and agrees that SMARTLY WEBBeD cannot and will not be held liable for any such losses under any circumstances.

Resumption of maintenance services following a lapse in payment will be subject to the Client settling all outstanding dues in full, and may, at SMARTLY WEBBeD's discretion, attract an additional reinstatement fee.

ANNUAL MAINTENANCE FRAMEWORK (AMF)

Under the Annual Maintenance Fee (AMF), SMARTLY WEBBeD shall perform routine "Minor Issue Fixations" necessary for the ongoing upkeep of the Website's existing front-end content. These services are included at no additional cost and comprise:

1. Scope of Included Services (Minor Adjustments)

  • Content Management: Adding, editing, replacing, or deleting images and multimedia files.
  • Typography & Styling: Adjusting text styles, formatting, font sizes, and general CSS-based layout alignments to maintain visual consistency.
  • Textual Updates: General copy edits or updates to existing website content.

2. Exclusions (Major Technical Issues)

The AMF does not cover "Major Technical Issues" or structural modifications. These are defined as any tasks requiring back-end programming, architectural changes, or advanced troubleshooting, including but not limited to:

  • Code Re-writing: Any modification to the core source code, database structures, or API integrations.
  • Developer-Level Errors: Technical bugs, server-side failures, or security vulnerabilities that require the intervention of a specialized Software Developer or Systems Architect.
  • Feature Requests: The creation of new pages, tools, or functionalities not present at the time of this agreement.
  • AI System Maintenance: Reconfiguration, prompt updates, model version upgrades, or integration adjustments for any AI solutions, chatbots, or automation workflows are excluded from the AMF and will be quoted separately.

3. Quotation and Approval for Excluded Services

In the event that a Major Technical Issue is identified:

  • SMARTLY WEBBeD will notify the Client in writing regarding the nature of the error and the necessity of developer engagement.
  • A separate fee for such repairs will be determined based on the complexity of the task.
  • SMARTLY WEBBeD shall communicate this fee to the Client for formal approval. No developer work shall commence, and no additional charges shall be incurred, until the Client has provided written authorization to proceed with the quoted engagement.
RENEWAL CLAUSE:

SMARTLY WEBBeD reserves the right to cancel any domain or hosting service active on its servers by providing the Client with a maximum notice period of seven (7) days prior to the date of expiry. Notice will be provided through one of the following means:

  • First class post (effective 2 days from the date of posting)
  • Hand delivery or facsimile transmission
  • Electronic mail
  • Phone call and/or Text message

Clients are required to ensure that renewal of service is completed at least seven (7) days prior to expiry; failing which, the above clause will come into effect. Failure to comply with these terms absolves SMARTLY WEBBeD of any and all responsibility to maintain the hosting service beyond this period.

SEO, AEO, GEO, SMM & DIGITAL MARKETING SERVICES — RENEWAL TERMS:

Renewal of Search Engine Optimisation (SEO), Answer Engine Optimisation (AEO), Generative Engine Optimisation (GEO), Social Media Marketing (SMM), Performance Marketing, Email Marketing, Content Marketing, and broader Digital Marketing services shall be subject to the following terms:

1. Renewal Notice & Confirmation — SMARTLY WEBBeD shall issue a renewal notice to the Client no later than fourteen (14) days prior to the expiry of the current service term. The Client is required to confirm renewal intent and complete payment no later than seven (7) days before the service expiry date. Failure to do so may result in suspension or discontinuation of active campaigns, for which SMARTLY WEBBeD shall bear no liability.

2. Scope Review at Renewal — At each renewal period, SMARTLY WEBBeD shall conduct a service scope review in consultation with the Client. This review will assess the Client's current business objectives, target audience growth, platform requirements, content volume, keyword expansion, AI engine citation requirements, and advertising spend relative to the preceding term.

3. Fee Revision Based on Increased Needs — Should the Client's requirements have grown or evolved since the commencement of the previous term — including but not limited to an increase in the number of managed platforms, target keywords, content pieces, paid ad budgets, reporting frequency, or audience reach — SMARTLY WEBBeD reserves the right to revise the service fee accordingly. Such revision shall be:

  • Communicated to the Client in writing at least fourteen (14) days prior to renewal;
  • Reflective of the additional resources, tools, labour, and strategy required to meet the expanded scope;
  • Subject to mutual agreement before the revised terms take effect.

4. Standard Annual Increment — Independent of scope changes, SMARTLY WEBBeD reserves the right to apply a standard service fee increment of up to ten percent (10%) per annum upon renewal, to account for inflation, platform pricing changes, tool subscription costs, and general market adjustments. The Client will be notified of any such increment within the renewal notice.

5. Non-Renewal & Campaign Continuity — In the event the Client does not renew within the stipulated period, SMARTLY WEBBeD reserves the right to pause or terminate all active campaigns, scheduled posts, paid advertisements, and SEO/AEO/GEO activities. SMARTLY WEBBeD shall not be held liable for any loss of rankings, AI engine visibility, audience engagement, lead generation, or ad performance resulting from such interruption.

6. Data & Asset Retention — Upon non-renewal, campaign data, creatives, reports, and strategic assets developed during the service term shall remain the intellectual property of SMARTLY WEBBeD unless otherwise agreed in writing. Access to such assets may be granted to the Client subject to the settlement of all outstanding dues.

PAYMENT:

The Client agrees to pay SMARTLY WEBBeD the applicable service fee for any program or service enrolled in, pursuant to the terms of the selected payment plan, including all applicable taxes, in accordance with the billing terms in effect at the time the fee becomes payable. The Client expressly authorizes SMARTLY WEBBeD to charge the Client's credit card or debit the Client's bank account on a one-time or recurring monthly basis, as per the program requirement. SMARTLY WEBBeD also reserves the right to pursue alternative means of payment, including debt collection services, and the Client shall be liable for all associated collection costs, including attorneys' fees.

All prices are quoted in the currency agreed upon in the project proposal (INR, USD, or CAD). Prices are exclusive of applicable taxes unless explicitly stated otherwise. Any third-party costs incurred during the project — including but not limited to domain registration, hosting, premium plugins, stock imagery, software licences, WhatsApp Business API fees, AI platform subscription fees, paid advertising budgets, CRM platform fees, or payment gateway charges — are the sole responsibility of the Client and are not included in SMARTLY WEBBeD's service fees unless explicitly stated in the proposal.

PAYMENT COLLECTION:

The Client is responsible for maintaining an active and valid payment method at all times. If the Client's payment method is unavailable or declined, SMARTLY WEBBeD reserves the right to immediately suspend the website, pay-per-click advertisements, sponsored listings, subscription services, AI solutions, automation workflows, and any ongoing production, reporting, or support services. If payment is not received within a reasonable period, SMARTLY WEBBeD reserves the right to terminate the Agreement in full and retain ownership of the website, domain name, creative assets, or other deliverables until the account has been settled in full.

SMARTLY WEBBeD shall not be liable for any loss or damage arising directly or indirectly from the decline of authorization for any transaction on account of the Client exceeding preset limits agreed upon with our acquiring bank.

CANCELLATION POLICY:

All cancellation requests will only be considered if made within twenty-four (24) hours of placing an order, provided that SMARTLY WEBBeD has not yet commenced work or allocated resources to the project. Once work has commenced, cancellations will not be entertained.

No cancellations will be accepted for services procured during special promotional periods (such as seasonal or limited-time offers).

For subscription-based services (SEO, AEO, GEO, SMM, Performance Marketing, Email Marketing, Content Marketing, Digital Marketing), cancellations must be submitted in writing at least thirty (30) days prior to the next billing cycle. Cancellations made after the billing cycle has commenced will not be eligible for a refund for that cycle.

For AI Solutions projects (AI chatbots, AI automation, AI agents, WhatsApp automation, and CRM automation), cancellation after the development phase has commenced will result in forfeiture of all payments made, as significant custom engineering, API configuration, and model development work will have been undertaken.

All amounts owed by the Client to SMARTLY WEBBeD for services rendered or products delivered prior to the cancellation date must be paid in full. There will be no pro-rating for partial months. All cancellation requests must be made in writing or via email by the initial authorizing party. SMARTLY WEBBeD will not process verbal cancellation requests.

REFUND POLICY:

All Services provided by SMARTLY WEBBeD are non-refundable once work has commenced. SMARTLY WEBBeD does not offer a money-back guarantee on any of its Services. In the event of a dispute regarding the quality of deliverables, the Client must raise the concern in writing within twenty-four (24) hours of delivery. SMARTLY WEBBeD will review the matter and, at its sole discretion, determine an appropriate resolution, which may include revisions but will not include monetary refunds.

Specific refund conditions by service category:

  • Design & Branding: Refunds are not applicable once initial design concepts (logos, brand identity, UI/UX, graphics, social media kits) have been presented to the Client.
  • SEO, AEO, GEO & Digital Marketing: No refunds will be issued based on marketing performance outcomes, as results are influenced by factors outside SMARTLY WEBBeD's direct control.
  • AI Solutions: No refunds are applicable once AI development, model configuration, or API integration has commenced.
  • E-Commerce: No refunds are applicable once store development, configuration, or payment integration has commenced.
  • Maintenance & Retainer Services: Monthly retainer and maintenance fees paid in advance are non-refundable for the current billing cycle.
PRIVACY POLICY:

This Privacy Policy sets out how SMARTLY WEBBeD collects, uses, manages, and protects any information that you (the Client/customer) provide to SMARTLY WEBBeD when using this website (www.smartlywebbed.com) and/or any of its Services. SMARTLY WEBBeD is fully committed to ensuring that your privacy is protected at all times. Any information collected by which you can be identified will only be used in strict accordance with this Privacy Policy.

SMARTLY WEBBeD reserves the right to update or amend this Privacy Policy from time to time by updating this page. Clients and visitors are encouraged to check this page periodically to ensure they are satisfied with any changes. Continued use of SMARTLY WEBBeD's website or Services following any such update shall constitute acceptance of the revised Privacy Policy.

INFORMATION WE COLLECT:

SMARTLY WEBBeD may collect the following information from Clients, prospective clients, and website visitors:

  • Full name and job title (individual or business)
  • Contact information, including postal address, phone number, and email address
  • Business information, including company name, industry, and website details
  • Demographic information such as postcode, preferences, and areas of interest
  • Project-related information, briefs, and content provided by the Client for the purposes of delivering agreed Services
  • Payment and billing information, as required for processing transactions
  • Any other information relevant to client onboarding, service delivery, surveys, or promotional offers
HOW WE USE YOUR INFORMATION:

SMARTLY WEBBeD requires this information to understand your needs, deliver Services effectively, and provide you with the best possible experience. Specifically, your information may be used for the following purposes:

  • Internal record keeping and account management
  • Delivering and managing agreed Services, including Website Design, Logo Design, Graphic Design, Video Production, SEO, AEO, GEO, Social Media Marketing, Performance Marketing, AI Solutions, E-Commerce Development, and Growth Solutions
  • Improving and personalizing our products, services, and website experience
  • Processing payments and managing billing
  • Sending periodic emails regarding project updates, invoices, service renewals, or new offerings that may be of interest to you
  • Contacting you for market research, feedback, or service improvement purposes
  • Customizing our website and communications to better reflect your interests and business needs
  • Complying with legal and regulatory obligations where applicable

SMARTLY WEBBeD will not sell, trade, or rent your personal information to third parties. Information may be shared with trusted service providers or partners solely for the purposes of delivering agreed Services, and only under strict confidentiality obligations.

DATA PROTECTION & APPLICABLE REGULATIONS:

SMARTLY WEBBeD operates across India, the United States, and Canada and is committed to complying with applicable data protection laws in all jurisdictions it serves. The following regulatory frameworks apply:

  • India: The Digital Personal Data Protection Act (DPDPA), 2023. Personal data collected from individuals in India will be processed in accordance with the principles of lawful purpose, data minimisation, accuracy, and storage limitation as required under the DPDPA.
  • United States: The California Consumer Privacy Act (CCPA) and applicable US state privacy laws. California residents have the right to know what personal information is collected, to request deletion of their data, and to opt out of the sale of their personal information. SMARTLY WEBBeD does not sell personal information.
  • Canada: The Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. Canadian Clients have the right to access their personal information held by SMARTLY WEBBeD and to request corrections to any inaccuracies.

For AI and automation projects involving the processing of end-user data on behalf of the Client, the Client assumes full responsibility as the Data Controller. SMARTLY WEBBeD acts as a Data Processor and will handle such data only in accordance with the Client's instructions and applicable law. The Client is responsible for ensuring that all necessary consents and legal bases for processing are in place before any personal data is shared with SMARTLY WEBBeD for use in AI systems or automated workflows.

To exercise your data rights or to make a data-related enquiry, please contact: sean@smartlywebbed.com.

SECURITY:

SMARTLY WEBBeD is committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, SMARTLY WEBBeD has implemented appropriate physical, electronic, and managerial procedures to safeguard and secure all information collected from Clients and website visitors. However, no method of electronic transmission or storage is entirely infallible, and SMARTLY WEBBeD cannot guarantee absolute security. In the unlikely event of a data breach, SMARTLY WEBBeD will take all reasonable steps to notify affected parties in accordance with applicable law.

THE USE OF COOKIES:

SMARTLY WEBBeD may use traffic log cookies to identify which pages are being used and to analyze website traffic patterns. This helps SMARTLY WEBBeD improve its website and tailor it to the needs of its visitors. All data collected through cookies is used solely for statistical analysis purposes, after which it is removed from the system.

Cookies do not grant SMARTLY WEBBeD access to your computer or any personal information beyond what you choose to share. You may choose to accept or decline cookies at any time through your browser settings. Please note that declining cookies may affect the functionality of certain parts of the website.

LINKS TO OTHER WEBSITES:

SMARTLY WEBBeD's website may contain links to third-party websites for your convenience and reference. However, once you leave SMARTLY WEBBeD's website via such links, please note that SMARTLY WEBBeD has no control over those external websites. SMARTLY WEBBeD is not responsible for the content, privacy practices, or security of any linked third-party websites, and such sites are not governed by this Privacy Policy. You are advised to review the privacy policy of any external website you visit.

CONTROLLING YOUR PERSONAL INFORMATION:

You have the right to request access to, correction of, or deletion of your personal information held by SMARTLY WEBBeD at any time. To exercise these rights, please contact us in writing at sean@smartlywebbed.com.

Additionally:

  • When completing any form on this website, you may opt out of having your information used for direct marketing purposes by selecting the appropriate option where provided.
  • If you have previously consented to the use of your personal information for direct marketing and wish to withdraw that consent, you may do so at any time by notifying SMARTLY WEBBeD in writing.
  • SMARTLY WEBBeD will action all reasonable requests within a reasonable timeframe and in accordance with applicable data protection obligations.
BINDING AGREEMENT AND CONTRACT TERMINATION CLAUSE:

By making an initial payment — whether in full or in part — toward any project, service, or subscription offered by SMARTLY WEBBeD, the Client acknowledges and confirms that they have read, understood, and unconditionally agreed to be bound by all of SMARTLY WEBBeD's Terms and Conditions, Policies, and the Service Level Assurance Agreement (SLAA) in their entirety. The act of making such payment shall serve as conclusive evidence of the Client's acceptance of this Agreement, and no separate signature or written confirmation shall be required to establish such acceptance.

These Terms and Conditions and associated Policies constitute a binding commercial contract between the Client and SMARTLY WEBBeD. This Agreement is governed by the principles of commercial contract law and is intended to be enforceable to the fullest extent permissible. While SMARTLY WEBBeD respects the laws and regulations of all jurisdictions in which it operates, the Client expressly acknowledges that the commercial obligations set forth herein — including payment obligations, intellectual property rights, and attribution rights — are private contractual commitments entered into voluntarily and in good faith. As such, these Terms and Conditions represent a mutually agreed-upon commercial arrangement and are not subject to unilateral nullification, override, or demolition by any administrative, governmental, or regulatory action, except where expressly required by applicable mandatory law.

In the event that the Client wishes to terminate the Agreement prior to the completion of the agreed project or service term, the following conditions shall apply:

  • The Client must submit a formal written termination request to SMARTLY WEBBeD via email or registered post.
  • The Client shall be required to either (a) complete the full term of the project or service as originally agreed, or (b) pay fifty percent (50%) of the total remaining outstanding amount due under the Agreement, as a termination settlement fee, in order to bring the contract to a formal and lawful close.
  • All amounts already paid by the Client prior to termination are non-refundable and shall be retained by SMARTLY WEBBeD as compensation for work completed, resources allocated, and opportunity costs incurred.
  • SMARTLY WEBBeD reserves the right to immediately cease all work and withhold all deliverables, including completed work, upon receipt of a termination request, until the termination settlement fee has been paid in full.
  • Upon receipt of the termination settlement fee, SMARTLY WEBBeD will release all completed deliverables to the Client, subject to the terms of the Creative Ownership and Intellectual Property clause outlined above.
  • Any termination that does not comply with the conditions set forth herein shall be considered a breach of contract, and SMARTLY WEBBeD reserves the right to pursue all available legal remedies to recover outstanding dues and damages.

The Client further acknowledges that this clause exists to protect the legitimate business interests of SMARTLY WEBBeD, including but not limited to time invested, resources deployed, third-party costs incurred, and revenue foregone as a result of the Client's early termination.

DISCLAIMER POLICY:

The information provided on this website (www.smartlywebbed.com) is for general informational purposes only. While SMARTLY WEBBeD endeavors to keep all information on this website accurate, current, and up to date, it makes no representations or warranties of any kind — express or implied — regarding the completeness, accuracy, reliability, suitability, or availability of any content, products, services, or related graphics contained on this website for any particular purpose. All information on this website is subject to change without prior notice.

NO GUARANTEE OF RESULTS:

SMARTLY WEBBeD provides professional Services including Website Design and Revamping, Logo Design, Graphic Design, 2D and 3D Animated and Infographic Video Production, Search Engine Optimization (SEO), Answer Engine Optimization (AEO), Generative Engine Optimization (GEO), Social Media Marketing (SMM), Performance Marketing, Email Marketing, Content Marketing, AI Solutions, E-Commerce Development, and Growth Solutions. While SMARTLY WEBBeD commits to delivering high-quality work and applying industry best practices across all its Services, the Client expressly acknowledges and agrees that:

  • SMARTLY WEBBeD does not guarantee specific search engine rankings, AI engine citation frequency, website traffic volumes, lead generation numbers, conversion rates, social media follower counts, engagement metrics, advertising returns, e-commerce sales volumes, or any other performance-based outcomes for any of its Services.
  • Results from SEO, AEO, GEO, SMM, and Digital Marketing Services are subject to third-party platform algorithms, search engine and AI engine policy changes, market conditions, audience behavior, and other factors entirely beyond SMARTLY WEBBeD's control.
  • AI system outputs — including those produced by chatbots, automation pipelines, AI agents, and CRM automation — are probabilistic in nature and are not guaranteed to be accurate, complete, or suitable for any specific purpose. The Client assumes full responsibility for validating and acting upon AI-generated outputs.
  • Any projections, estimates, or expected outcomes discussed during consultations or proposal stages are provided in good faith as indicative references only and shall not be construed as guarantees or contractual commitments.
LIMITATION OF LIABILITY:

Any reliance placed on information provided on this website or through SMARTLY WEBBeD's Services is strictly at the Client's own risk. To the fullest extent permitted by applicable law, SMARTLY WEBBeD shall not be liable for any loss or damage — including without limitation, direct, indirect, incidental, consequential, or punitive loss or damage — arising from:

  • The use of, or inability to use, this website or its content
  • Any reliance placed on information or materials found on this website
  • Temporary unavailability of the website due to technical issues beyond SMARTLY WEBBeD's control
  • Any errors, omissions, interruptions, deletions, defects, or delays in the operation of any Service
  • Loss of data, loss of revenue, loss of business, or loss of profits arising in connection with the use of SMARTLY WEBBeD's website or Services
  • Actions or omissions of third-party service providers, platforms, hosting companies, domain registrars, or advertising networks utilized in the delivery of Services
  • Any business decisions, financial outcomes, or consequential losses arising from the use of or reliance upon outputs generated by AI systems, chatbots, automation pipelines, or AI agents developed or deployed by SMARTLY WEBBeD
  • Service interruptions, feature changes, or pricing revisions by third-party AI providers, LLM platforms, WhatsApp Business API, CRM platforms, or e-commerce platforms that affect the functionality of solutions delivered by SMARTLY WEBBeD

To the fullest extent permitted by applicable law, SMARTLY WEBBeD's total liability to the Client for any claim arising out of or in connection with services provided shall not exceed the total fees paid by the Client for the specific service giving rise to the claim.

THIRD-PARTY PLATFORMS AND TOOLS:

Certain Services provided by SMARTLY WEBBeD — including but not limited to SEO, AEO, GEO, Social Media Marketing, Performance Marketing, AI Solutions, E-Commerce Development, WhatsApp Automation, and CRM Automation — involve the use of third-party platforms, tools, APIs, and networks such as Google, Meta, Instagram, LinkedIn, WhatsApp Business API, OpenAI, Anthropic, Shopify, WooCommerce, Salesforce, HubSpot, Razorpay, Stripe, PayPal, and other digital platforms. SMARTLY WEBBeD shall not be held responsible or liable for any changes in the policies, algorithms, pricing structures, terms of service, or availability of such third-party platforms that may directly or indirectly affect the performance or outcome of the Services provided. Any additional costs imposed by third-party platforms shall be borne by the Client unless explicitly agreed otherwise in writing.

WEBSITE AVAILABILITY:

SMARTLY WEBBeD makes every effort to ensure that its website remains operational and accessible at all times. However, SMARTLY WEBBeD takes no responsibility and shall not be liable for the website being temporarily unavailable due to technical issues, server downtime, maintenance, or circumstances beyond its reasonable control, including but not limited to acts of God, internet outages, cyberattacks, or government-imposed restrictions.

CLIENT RESPONSIBILITY:

The Client acknowledges that the successful outcome of any project or Service may be partially dependent on the Client's own timely cooperation, including the provision of accurate briefs, content, approvals, feedback, platform access credentials, and third-party account access where required. SMARTLY WEBBeD shall not be held responsible for any delays, substandard outcomes, or losses arising from the Client's failure to provide timely and adequate inputs, approvals, or cooperation during the course of the project or Service.

For AI Solutions and automation projects, the Client is additionally responsible for ensuring compliance with applicable data protection regulations (DPDPA in India, CCPA in the USA, PIPEDA in Canada) with respect to data processed through AI systems deployed by SMARTLY WEBBeD on the Client's behalf, and for obtaining all necessary consents from end users prior to deployment of automated communications or data processing activities.

GENERAL:

By using this website and engaging SMARTLY WEBBeD's Services, you acknowledge that you have read, understood, and unconditionally agreed to this Disclaimer Policy in its entirety. This Disclaimer Policy shall be read in conjunction with, and forms an integral part of, SMARTLY WEBBeD's complete Terms and Conditions, which include the following clauses and policies: Terms, Description of Services, Access to Information, Creative Ownership and Intellectual Property, Trademark & Brand Identity, Brand Attribution, Scope of Work and Revision Policy, Subscription-Based Services (SEO, AEO, GEO, SMM & Digital Marketing), AI Solutions — Specific Terms, E-Commerce Services — Specific Terms, Growth Solutions — Specific Terms, Post Delivery Clause, Annual Maintenance Clause, Annual Maintenance Framework (AMF), Renewal Clause, SEO, AEO, GEO, SMM & Digital Marketing Services — Renewal Terms, Payment, Payment Collection, Representations and Warranties, Cancellation Policy, Refund Policy, Privacy Policy, Data Protection & Applicable Regulations, Security, The Use of Cookies, Links to Other Websites, Controlling Your Personal Information, Disclaimer Policy, No Guarantee of Results, Limitation of Liability, Third-Party Platforms and Tools, Website Availability, Client Responsibility, and the Binding Agreement and Contract Termination Clause.

Together, these clauses and policies constitute the full and complete Agreement between the Client and SMARTLY WEBBeD. No clause or policy listed herein may be read, interpreted, or applied in isolation. The Client's continued use of this website, engagement of any Service, or making of any payment toward any project or Service shall be deemed conclusive acceptance of all of the above clauses and policies in their entirety, without exception.

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