Terms & Conditions
SMARTLY WEBBeD Website Development Terms & Conditions
SMARTLY WEBBeD provides products, software and manpower Services (collectively, hereinafter referred to as "Services") subject to any customer's or buyer's (hereafter referred to as "Client") acceptance of and compliance with the Terms and Conditions (hereinafter referred to as "Terms") and the terms and conditions of the Service Level Assurance Agreement (hereafter referred to as "SLA") outlined below:
The Terms of the Agreement will commence on the date the Client enrolled for our Services and will end when terminated by either party in accordance with the Terms and SLA.
SMARTLY WEBBeD has the authority to use its identifying mark that might come in the form of Logo, Design, URL or any types of brand identity to all websites/products produced from here and it will come into force without any consent of its customers or clients.
Description of Service:
SMARTLY WEBBeD may provide Client with one or more of the following Services depending on the service package that the Client selects: business website, business-related website pages, storage space, Domain-based e-mail services, website hosting, or maintenance. Unless explicitly stated otherwise, any new feature that augments or enhances the services shall be considered to be part of the Services. SMARTLY WEBBeD reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on non-cooperation, non-payment, or unwanted delay from client, at any time, without notice. Client expressly agrees that Client, or any related third party, shall not hold SMARTLY WEBBeD or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
Access to Information:
For purposes of the Agreement, all web pages that are owned, operated or hosted by, or on behalf of, or for SMARTLY WEBBeD , are referred to herein as the SMARTLY WEBBeD Websites.
To access SMARTLY WEBBeD Services or SMARTLY WEBBeD Websites Client may be asked to provide certain registration details or other information. It is a condition of Clients use of the services or access to the SMARTLY WEBBeD websites that all the information Client provides will be correct, current, and complete. If SMARTLY WEBBeD believes the information that the Client has provided is not correct, current, or complete, it has the right to refuse Client access to any SMARTLY WEBBeD Websites or Services or any of its resources, and to terminate or suspend Clients account at any time.
All calls may be recorded for training and quality purposes.
Post Delivery Support Clause
SMARTLY WEBBeD will be obligated to provide Technical Support on all projects delivered, for no more than one month (30 days – inclusive of weekends and other public holidays), from the date of delivery/go live. This clause shall not cover projects not hosted with us, as we cannot support changes made by other provider/s. For any and all issues arising post the support period specified above, SMARTLY WEBBeD will be happy to offer assistance; however, all such assistance will be at cost to the customer. The cost will be determined on a case to case basis after proper requirement analysis. For reasons of understanding this clause better, the term "Technical Support" has been further defined to cover only the following line items:
Technical trouble shooting.
Minor changes to the site. This does not include any structural, functional, design or any such change that alters the original scope of the project.
SMARTLY WEBBeD reserves the right to cancel any domain/hosting service active on its servers by providing the clients with a maximum notice period of seven days, prior to the date of expiry. The notice will be provided to the clients through one of the following mediums:
First class post, 2 days from the date of posting
Hand or by facsimile transmission
The clients are requested to ensure that renewal of service is done at least seven days prior to expiry; else the above clause will come into effect. Failure to comply with these terms absolves SMARTLY WEBBeD of any and all responsibility to keep the hosting service active beyond this period.
Domain and/or Hosting Transfer
The process for transferring Domain and / or Hosting is as follows –
SMARTLY WEBBeD Accounts team to provide details of any dues or provide a clearance within 3 working days of the request.
Once all dues are cleared, SMARTLY WEBBeD team would provide EPP / Auth Code and make the Domain in unlocked" position.
Upon receiving Auth code, customer needs to initiate transfer request with their new provider.
Customer must inform SMARTLY WEBBeD at for any such transfer request initiated. SMARTLY WEBBeD team would then approve the transfer request.
Once approved from SMARTLY WEBBeD side, it takes around 5 calendar days for transfer completion.
Please note, EPP / Auth Code are valid for limited period only. If customer doesn’t make use of it within 5 calendar days, a new request needs to be initiated with SMARTLY WEBBeD team.
Client agrees to pay SMARTLY WEBBeD the service fee, for any Program or Service Client enrolls in, pursuant to the terms of the Payment Plan Client selected, 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 SMARTLY WEBBeD to automatically charge Client’s credit card or debit Client’s bank account once a month or one time as per the Program requirement. Client will be charged as soon as they sign up over the phone. SMARTLY WEBBeD 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.
As SMARTLY WEBBeD provides a bill-through service for sponsored listings, the company takes a significant credit risk for each and every Client. Therefore, Client is responsible to maintain an active and valid payment method on file at all times. If for any reason, Client’s payment method is not available, SMARTLY WEBBeD reserves the right to immediately and temporarily turn off the web site, pay-per-click ads, sponsored listings and ongoing or then current production, reporting, or support Services being provided to account. If the payment is not received, SMARTLY WEBBeD reserves the right to terminate the Agreement in full and retain ownership of the web site, domain name, or other Services until such time the account has been paid in full. All Term Commitment Terminations will result in an escalation of all fees owed under the Terms of the Agreement. Many clients maintain multiple forms of payment on file to prevent this from occurring.
Please note that SMARTLY WEBBeD as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Representations and Warranties
Client represents, warrants and covenants that (i) Client has sufficient authority to enter into the Agreement; (ii) Client is a business, not a consumer, and that Client’s use of SMARTLY WEBBeD services is solely for lawful commercial and business purposes; (iii) Client has the necessary rights to provide all information provided under the Agreement for use as described in the Agreement.
Agreement to the Policy
You should be aware that by submitting any kind of personal details to SMARTLY WEBBeD website, you indicate your acceptance to the terms given above and below. In case of any queries or concerns you are always free to contact SMARTLY WEBBeD team for further assistance.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without SMARTLY WEBBeD's prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws or other regulatory authority.