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Welcome to SMARTLY WEBBeD. 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.
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.
SMARTLY WEBBeD may provide the Client with one or more of the following Services, depending on the selected service package:
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.
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.
All creative works produced by SMARTLY WEBBeD — including but not limited to website designs, logos, graphic assets, animated videos, infographic videos, social media creatives, and digital marketing materials — 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.
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.
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.
Services including Search Engine Optimization (SEO), Social Media Marketing (SMM), and Digital Marketing are offered on a monthly subscription basis. The following terms apply specifically to these services:
The Client represents, warrants, and covenants to SMARTLY WEBBeD that:
SMARTLY WEBBeD represents and warrants to the Client that:
This clause remains applicable to Website Design and Development (new builds and revamping of existing websites) Projects only. 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 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:
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.
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:
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.
Renewal of Search Engine Optimisation (SEO), Social Media Marketing (SMM), 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, 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:
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 activities. SMARTLY WEBBeD shall not be held liable for any loss of rankings, 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.
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.
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, 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.
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, SMM, 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.
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.
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.
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.
SMARTLY WEBBeD may collect the following information from Clients, prospective clients, and website visitors:
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:
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.
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.
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.
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.
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:
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 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
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.
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), Social Media Marketing (SMM), and Digital Marketing. 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:
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:
Certain Services provided by SMARTLY WEBBeD — including but not limited to SEO, Social Media Marketing, and Digital Marketing — involve the use of third-party platforms, tools, and networks such as Google, Meta, Instagram, LinkedIn, and other digital advertising or social media platforms. SMARTLY WEBBeD shall not be held responsible or liable for any changes in the policies, algorithms, pricing structures, or terms of service 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.
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.
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, and feedback. 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.
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, Brand Attribution, Scope of Work and Revision Policy, Subscription-Based Services (SEO, SMM & Digital Marketing), Post Delivery Clause, Annual Maintenance Clause, Renewal Clause, SEO, SMM & Digital Marketing Services-Renewal Terms, Domain and/or Hosting Transfer, Payment, Payment Collection, Representations and Warranties, Cancellation Policy, Refund Policy, Privacy Policy, 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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