You may review the most current version of our terms and conditions here at any time.

Smartan Limited may, from time to time, offer and promote services other than this Website and it’s subscriptions; which services may be governed by different Terms & Conditions. Smartan Web Design owned and operating as a Limited Liability Company under Smartan Limited.

By using Smartan’s Website or contracting Smartan’s Services, you are hereby agreeing to and accepting to be bound by our Terms & Conditions (“Terms”). In the event you do not wish to accept these Terms & Conditions, we request you to refrain from visiting the Smartan Web Design Website or using Smartan’s services.

The term “Client” or “Clients” refers to you or any such person using Smartan’s Services or otherwise browsing the Smartan Web Design Website. The term “Smartan” refer to the company, its owners, Directors and such other persons.

The term “Party” shall refer to either the Client or Smartan as the context may suggest and the terms “Parties” or “Us” collectively refer to the Clients of Smartan Web Design along with Smartan.

Updated 13th February 2017

COMMENCEMENT

Smartan will undertake or start on any Services only on the receipt of payment for any Package as subscribed to by the Client.

GENERAL TERMS

All Services being offered on Smartan are for lawful purposes only. Use of Smartan or any of the Services being offered for any purpose that is illegal or otherwise inconsistent with any law is strictly prohibited.

The Services being offered are only for those individuals who are the age of 18 years or older. Any individual below the age of 18 years is strictly prohibited from using Smartan or any of its Services. Smartan shall not be responsible for any loss or damage resulting from such individual’s use of Smartan’s website or it’s Service.

Smartan may in its sole discretion employ or subcontract any person to complete any of the Services offered by Smartan.

Clients shall not upload or post any content that is infringing upon the intellectual or other proprietary rights of any third party without obtaining their prior written consent.

Clients are prohibited from tampering with or otherwise altering any functions or functionality of Smartan’s website, in any manner inconsistent with its intended purpose.

Client hereby agrees that Smartan shall be entitled to make use of the Client’s website and any content present on it for Smartan’s marketing and promotion purposes.

Smartan may in its sole discretion include a backlink and/or logo in the footer of Client’s website.

Smartan may in its sole discretion terminate Client accounts or restrict the access of any Client to Smartan.

Client will be entitled to use Smartan’s Services on a monthly or biannual basis by making timely and complete payments, subject to the conditions of the Package they are on.

Client can also be entitled to a Custom Package to suit any specific requirements. The price of such Custom Package will be determined by Smartan. Such prices may vary based on Client requirements.

Clients subscribing to any Package shall be entitled to an unlimited number of updates. However such updates shall be restricted to any changes in the text or to the images present on the website. Any updates to any material other than the text or images shall be provided for at an additional charge as determined by Smartan.

Clients shall be restricted to only a single free edit with regards to any videos created by Smartan. Any additional edits or non-standard edits may incur a further charge.

Standard videos created for Clients shall be for a length not exceeding 60 seconds. In the event additional time is required by the Client, Smartan may choose to provide this at an additional charge determined by Smartan.
All videos or photos as required by the Client will be taken and edited under Smartan’s or its associate’s directions.

The Client shall provide Smartan with all necessary requirements needed for carrying out Smartan’s Services in a timely manner. Any delays in response on behalf the Client may affect the timing and delivery of the Services and Smartan shall not be responsible for such delay in providing the Services.

Clients shall be provided with an opportunity to review their Website before the website goes live. All content shall be deemed to have been accepted by the Client if no response is received from the Client within 5 business days.

All communications between the Client and Smartan shall be done by way of the project management system as notified by Smartan.

Client shall be entitled to a buyout option where Client will retain sole ownership of the website developed by Smartan. Once the developed website has been bought out by the Client, Smartan will have no further obligations for the maintenance or control of the site. In the event the Client exercises the buyout option, Smartan will transfer all files to the Client as created or existing on such date, and it will be the sole responsibility of the Client to install such files and manage the website or find a web developer to do so. Client will accept the website and all files “as is”.

Smartan may introduce or remove any promotions or offers from time to time. The terms of such offers and promotions are subject to change without any prior notice and Clients are requested to confirm each promotion or offer in advance.

PAYMENT TERMS

Smartan follows a policy of 100% advance payment. All Services shall commence only once all Payments have been made unless otherwise noted.
Smartan reserves the right to alter pricing at its own discretion.

In the event Clients require additional pages on their websites, Smartan shall provide Services to develop these. Clients will be required to either upgrade their existing Package or be subject to a fee determined by Smartan.

On the termination of these Terms & Conditions, all amounts payable to Smartan by the Client will be due and require immediate payment.

Smartan retains the right to charge Clients an additional fee in the event of late payments by the Client.

CANCELLATION TERMS

These Terms & Conditions shall continue in full force and effect for the duration of the Clients use of the Services provided by Smartan.

All requests for cancellation will have to be formalized and made via email or telephone.

Clients subscribed to the biannual Packages are committing to a 6 month term. After 6 months, Client’s subscription will automatically renew for another 6 months, unless a cancellation request has been submitted to Smartan prior to the automatic renewal.

In the event Client cancels any monthly Package, Client will not be entitled to any refunds. Client’s subscription will be canceled when current billing term ends.

Clients shall be entitled to cancel or otherwise reschedule any photoshoots by providing an advance notice of 3 business days. Any cancellation or rescheduling made by the Client without providing sufficient notice shall be subject to a cancellation fee as determined by Smartan.

Smartan may, in its sole discretion, terminate the Services being rendered to the Client in case of any material breach of these Terms & Conditions. No prior notice shall be given in case of such termination.

In the event the Client fails to make any timely responses or does not acknowledge any communications sent from Smartan, Smartan may terminate all Services being rendered to the Client. All fees and costs incurred and paid by the Client prior to the cancellation are non-refundable.

Client’s website will become inactive once Client’s Package is cancelled. After 30 days of inactivity, all website files will be deleted and will not be recoverable.

Smartan reserves the right to cancel or refuse Service at any time at Smartan’s sole discretion.

SUPPORT TERMS

Clients will be provided with any assistance or support as required in the Package. Any non-standard assistance or support may be charged an additional amount as determined by Smartan.

In the event that a Client exercises its buyout option, Smartan shall have no obligation to provide any further support or assistance and it shall henceforth be the responsibility of the Client.

Smartan shall try to maintain an uptime hosting of 99.9% of Client’s Website as guaranteed by the Smartan’s hosting provider.

INTELLECTUAL PROPERTY TERMS

Clients shall have sole ownership, title and all other intellectual and proprietary rights over all content posted or otherwise published on the site. Any images or videos provided by Smartan shall remain the sole property of Smartan or of such third party from whom Smartan has obtained all necessary licenses and approvals unless otherwise noted.

It shall be the responsibility of the Clients to obtain all necessary rights, licenses and approvals as may be required for any image, photo or video they wish to use, including any photos or videos of Client’s location as well as from any individuals appearing in such photo or video.

Clients shall be responsible of notifying Smartan of any copyright, legal notices or disclaimers that Client requires to be included in the Package. Any and all costs incurred for such requirements shall be solely borne by the Client.

Smartan may in its sole discretion use or otherwise allow the use of any content created, pre-existing, or otherwise obtained through purchase or by way of a license or otherwise available via Open Source to enhance the quality of the Customer’s website as well as to provide faster and higher quality. Such content may include but shall not be limited to code, algorithms, css files, modules, third party plug-ins, sub-routines, or other lines of code. However, Smartan does not assign any title or exclusive right over any such Content to the Client and only grants a non-exclusive, irrevocable, worldwide, royalty free right to use such content owned by Smartan at the start of any transactions as entered into between Smartan and Client or for use in any Services as offered by Smartan.

Clients are expressly restricted from using any content for which they have not obtained the requisite title, approval or license. Any content as licensed by Smartan shall not be used by the Client unless after obtaining prior written consent from Smartan.

The Clients hereby agree that the Copyright over all content provided by Smartan shall rest solely with Smartan or such third party from which Smartan has obtained all necessary approvals and licenses.
All Intellectual or proprietary rights, including but not limited to any trademarks, copyrights, trade names or trade secrets, over any content posted or published on Smartan shall be that belonging to Smartan or obtained otherwise.

CONFIDENTIALITY TERMS

Clients shall not, either during the course of this Agreement or at any time thereafter, (unless authorized to do so by Smartan in writing) directly or indirectly (i) use for their own benefit or the benefit of any third party or (ii) disclose or permit the disclosure or unauthorized publication of any Confidential Information.

On the expiry or termination of these Terms & Conditions, Clients shall return any and all Confidential Information relating to Smartan. In the event that such Confidential Information is stored electronically, Clients shall destroy such Confidential Information from their servers.

Clients shall not knowingly disclose any information which they know to be belonging to any third party.

Neither Party shall be liable for any breach of Confidential Information if:
Such information was already existing in the public domain prior to this Agreement.

The Party can prove that such information was known to it prior to this Agreement.

The Confidential Information was made available in the public domain due to no fault of the Parties.

Such Confidential Information was disclosed in compliance with any judgment or order of a competent court or in accordance with any law for the time being in force or due to an order from any governmental authority.

REPRESENTATION & WARRANTIES

Smartan does not make any representations or warranties that the services being offered shall be continuous, uninterrupted, or otherwise free from any inaccuracies or errors, or be compatible with your device.

Smartan specifically does not predict nor guarantee any particular rankings within search engine listings.

In the event of disruption of any or all of the services of Smartan due to any cause including any act of god, war riot, electrical outages, electrical spikes, natural calamities, that cannot be either foreseen or from which no reasonable precautionary measures can be taken, then, Smartan shall not be responsible for the resulting loss or damages.

Under no circumstances shall Smartan be liable in contract, tort (including negligence) or otherwise for any loss of profits, goodwill, savings or business, or for any special, indirect, incidental or consequential damages.

Clients hereby warrant and represent that all information as provided by them are true, accurate and complete to the best of their knowledge.

Clients hereby represent and warrant that they have all necessary rights and title over all content or information as provided by them including any necessary consents, approvals or licenses from any third party having such right, title or interest over the content or information.

INDEMNITY AND LIABILITY TERMS

Clients shall indemnify or otherwise hold Smartan harmless against any loss, damages or claims arising due to any actions or omissions on part of the Clients.

Any loss, damage or claim arising out of or caused due to any Client infringing the Intellectual Property of Smartan or any third party shall be indemnified or otherwise be defended by such infringing Client.

Smartan shall not be liable for any loss or damage caused to Clients by following any links or advertisements present on Smartan.

Under no circumstances shall Smartan be liable for any loss of actual or anticipated revenues, profits, goodwill, opportunity or business or for any consequential, special, incidental, exemplary, punitive or other indirect losses or damages, whether arising out of or related to these Terms & Conditions including those in contract, tort (including negligence) even if such loss was foreseeable or if Smartan has been advised of the possibility of such damages or loss.

In the event of any breach of these Terms & Conditions, the maximum extent of Smartan’s liability shall be to the extent of fee paid or charged with regard to the Services rendered.

Smartan shall not be liable for any delay or disruption in services caused due to reasons out of Smartan’s control.

VARIATION AND SEVERABILITY TERMS

Smartan may in its sole discretion alter, vary or modify any or all provisions of these Terms & Conditions without providing any prior notice.

It shall be the Clients’ responsibility to stay updated with any such revised Terms & Conditions.

Smartan shall not be responsible for any loss or damage caused due to the Clients lack of knowledge of such revised Terms & Conditions.

If any part of these Terms & Conditions is held to be illegal, invalid, or unenforceable under any present or future law, and if the rights or obligations of the Parties under these Terms shall not be materially and adversely affected thereby, (a) such provision shall be fully severable; and (b) these Terms shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof.

WAIVER

Any leniency or delay by Smartan in taking any action against the Client in any matter amounting to breach or violation of these terms shall not be considered or interpreted as a waiver of Smartan’s right to take action at a later stage.

ENTIRETY

These Terms constitute the entire understanding and agreement between the Client and Smartan and shall supersede any and all prior understandings or previous versions of the Terms.

RELATIONSHIP OF PARTIES

The Client and Smartan are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Developer has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

Each Party also agrees not to make false or misleading statements, claims or representations about the other Party, the other Party’s Services, or the relationship between the Parties.

GOVERNING LAW & JURISDICTION

Any claim or dispute arising out of these Terms shall be governed by the laws of New Zealand as may be applicable.

The Courts of New Zeland shall have sole jurisdiction over all claims or disputes arising out of these Terms.

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