Terms of services
IMPORTANT: READ THIS AGREEMENT CAREFULLY. THIS IS LEGAL AGREEMENT BETWEEN SMART SERVICES LTD (“SMART SERVICES” or “we”,”us” and “our” ) AND YOU (“YOU”, ”YOUR’) ACTING AS AN INDIVIDUAL OR, IF APPLICABLE, ON BEHALF OF THE INDIVIDUAL OR COMPANY.
BY CLICKING THE “I ACCEPT” BOX AND PURCHASE THE UNDERLYING SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”) AND, TO THE EXTENT THAT YOU ARE ACTING ON BEHALF OF A COMPANY, THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT SELECT THE “I ACCEPT” BOX AND DO NOT MAKE PURCHASE. YOU HAVE NOT BECOME A LICENSEE OF, AND YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SOFTWARE UNLESS YOU AGREE TO THIS AGREEMENT.
“You” shall mean the individual using the underlying Software (Website, Booking System or Apps).
“Software” shall mean any and all computer programs,booking systems, apps or websites produced, created, developed, or provided by Smart Services Ltd, including but not limited to PHP scripts, mobile apps, website components, hosted services, source code, modules, corresponding documentation, updates, upgrades, or modifications thereto.
“Integrated Product” shall mean a complete website, developed by Developer for a single client, but not a software product or service intended for sale to multiple customers and is insignificantly distinguished from the original Software.
“Licensed Customer” shall mean a third-party who licenses Integrated Product from the Licensed Developer, solely for ordinary business use and not for distribution or sale.
USE OF THE SOFTWARE UNDER USER LICENCE
In consideration of payment of the user license fee Smart Services Ltd grants you the non-exclusive life-time right to use, implement, download, or install the Software. You cannot modify the source code, remove proprietary notices and labels contained in the software. You may not distribute the Software in any way.
TECHNICAL SUPPORT UNDER USER LICENCE
Free technical support and single website installation is provided via Smart Services Ltd email ticket based support system for one year from the date of entering this License Agreement.
Smart Services Ltd is not obligated to provide technical support to Customer. You can contact Smart Services Ltd for help via email only.
Smart Services Ltd may choose at its sole discretion to void technical support on modified Software. Modification of The Software may make it impossible to upgrade with any releases we may offer in the future.
Both licences are contingent upon the payment of licence fees charged during the purchasing process. If your payment of licence fees is cancelled or denied, this licence will terminate and you must immediately delete all copies of the Software. You are responsible for payment of any sales, value added, excise, or other taxes or duties that may be imposed upon or with respect to delivery, deployment, or use of the Software.
Fees that we charge are:
Apps hosting: £25/year (or £15 /year if publish in to your own developers accounts)
Website hosting: £39 / year (if hosted on our servers).
Booking System: £10/year (if purchased without website)
You agree that an additional fee may be due for any custom change that you may need notwithstanding of the paid licence fees if such custom changes or modification are stipulated to be done by Smart Services Ltd.
DISCLAIMERS AND WARRANTY INFORMATION
- No Warranty
Unless expressly provided otherwise in a separate agreement between you and Smart Services Ltd, all information and Software on and from this website are provided “as is,” without warranty of any kind, either expressed or implied, including but not limited to; the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Smart Services Ltd assumes no responsibility for errors or omissions in the information or Software or other documents at, referenced by, or linked to this website. You assume the entire risk for the results and performance of the Software. Any references to corporations, their services and products, are provided “as is” without warranty of any kind, either expressed or implied including the warranties of merchantability, fitness for a particular purpose and non-infringement.
- No Liability for Damages
In no event shall Smart Services Ltd or anyone else involved in the creation, production or delivery of the Software or any accompanying written materials be liable for any damages whatsoever, including without limitation any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, loss of data, loss of other materials, loss of profits, business or other work interruption, or any other pecuniary losses, whether or not advised of the possibility of such damage, and based on any theory of liability, arising out of, or in connection with the use of or inability to use information, software or other materials obtained from using this Software or from the performance or lack of performance of this Software.
- No Liability for Errors or Obligation to Update
Smart Services Ltd will undertake reasonable efforts to correct any reported error in accordance with any terms and conditions of the support provided. The Software could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new versions of the Software at Smart Services Ltd sole discretion. Smart Services Ltd may make improvements and/or changes in the Software and any other product(s) or program(s) described on our website at any time. Smart Services Ltd has no obligation to notify you of any changes of the Software or any other products or programs.
SOFTWARE UPDATES & UPGRADES
To use Software identified as an upgrade, you must first be licensed for the product identified as eligible for the upgrade. You will receive all stable version updates for free. This means that if current version is 1.1 you will receive all future versions – 1.2, 1.3, 1.4, … for free. You can buy the next Software generation (upgraded to 2.1, for example) with 50% discount. You agree that all Software updates and upgrades may be subject to another License Agreement.
Once a product is installed, downloaded, designed or developed as shown in our demo we cannot issue a refund. All sales are final and are non-refundable. By completing your purchase of any Software owned by Smart Services Ltd through PayPal or other payment processing company, you agree that you are purchasing digital, non-tangible goods and as such are not entitled to a refund.
Prior to ordering, please, make sure you have carefully read and understood the product’s system requirements and features. If you are not sure about product compatibility, or have questions about its features, please contact our Customer Support. We only make exceptions with this rule when the product cannot be installed for some reason on a server that meets product requirements. Your refusal to permit Smart Services Ltd to install the Software will void Your right to a refund. We cannot issue a refund if the product does not meet your expectations, and we cannot issue a refund if mockup have already been designed.
Note that intangibles, licenses and access to digital content are NOT eligible for claims under buyer protection according to PayPal policies.
You are responsible for providing and maintaining all equipment and Internet connections necessary to properly use the Software. We do not access, control, edit or screen any message or posting content transmitted using The Software or related services; therefore, you are solely responsible for the receipt or transmission of any and all content using the Software as and when you use the Software.
TERM AND TERMINATION
This Agreement is effective immediately upon your Software install or download and Software transfer from Smart Services Ltd servers to your computer, server or hosting. This Agreement shall commence on the Effective Date and continue in effect until terminated as provided herein.
You may terminate this Agreement at any time for its convenience upon written notice to Licensor. In such event, you shall delete all copies and instances of Smart Services Ltd Software from your possession within 3 days of Smart Services Ltd License Agreement termination notice.
Without prejudice to any other rights, Smart Services Ltd may suspend, revoke, or terminate this Agreement if You fail to comply with any of its provisions. In such event, you shall delete all copies and instances of Smart Services Ltd Software from your possession within 3 days of Smart Services Ltd License Agreement termination notice. If you fail to comply with our termination procedure, legal actions may be taken.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, scope of rights, warranty disclaimers, indemnity and limitations of liability.
You agree that this Agreement shall be governed in all respects by the laws and courts of the United Kingdom and Northern Ireland. The contracting parties agree that all disputes arising from and regarding the Agreement will be resolved by common efforts of the parties. In case that the common consent can be obtain, any claim or dispute you may have against Smart Services Ltd. must be resolved by a court located in the United Kingdom and Northern Ireland.
If any provision of this Agreement is held to be invalid or unenforceable, this Agreement shall be construed without such provision and the balance of the Agreement will remain in full force and effect. The failure by a party to exercise any right herein shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.