Terms & Conditions

📜 1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "Client," or "you") and Smartco ("Company," "we," "our," or "us"), governing your access to and use of our website, services, and any related products.

By accessing our website at smartco.life, engaging our services, submitting a contact form, or otherwise interacting with Smartco, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. It is your responsibility to review these Terms periodically.

🔧 2. Description of Services

Smartco provides a range of professional technology services including, but not limited to:

• Digital transformation consulting and strategy development
• Artificial intelligence and machine learning implementation
• Business analytics and data intelligence solutions
• Website, web application, and mobile application development
• Cybersecurity assessment and implementation services
• Cloud infrastructure design, migration, and management
• IT consulting and technology advisory services
• Ongoing technical support and maintenance services

Service Engagement

Specific services are governed by individual Service Agreements, Statements of Work (SOW), or Project Proposals agreed upon between Smartco and the Client prior to commencement of work. In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail.

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to affected clients.

👤 3. User Obligations

By using our services, you agree to the following obligations:

3.1 Lawful Use

• Use our services only for lawful purposes and in accordance with applicable laws and regulations
• Not use our services to engage in any fraudulent, deceptive, or misleading activities
• Not attempt to gain unauthorised access to our systems, networks, or data
• Not interfere with or disrupt the integrity or performance of our services

3.2 Accurate Information

• Provide accurate, complete, and up-to-date information when requested
• Promptly update your information if it changes
• Not impersonate any person, organisation, or entity

3.3 Cooperation

• Cooperate reasonably with our team during the delivery of services
• Provide timely feedback, approvals, and required materials as specified in your Service Agreement
• Designate an appropriate contact person for project communications

©️ 4. Intellectual Property Rights

4.1 Smartco's Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, software, and the compilation thereof, is the property of Smartco and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our explicit written permission.

4.2 Client Deliverables

Upon receipt of full and final payment for a specific project, Smartco assigns to the Client all intellectual property rights in the custom deliverables created exclusively for that project, as specified in the applicable Service Agreement.

4.3 Smartco's Reserved Rights

Notwithstanding the above, Smartco retains ownership of:

• All pre-existing intellectual property, tools, frameworks, and methodologies used in delivering services
• Generic code libraries, templates, and development utilities not created exclusively for the Client
• Any know-how, processes, or techniques developed in delivering the services
• The right to reference the project as part of our portfolio (unless otherwise agreed in writing)

💳 5. Payment Terms

Payment terms for all services are as agreed in the relevant Service Agreement, Proposal, or Invoice. General payment terms are as follows:

• All fees are quoted and payable in Indian Rupees (INR) unless otherwise specified
• Payment schedules are defined in individual project agreements and may include upfront deposits, milestone payments, or recurring fees
• Invoices are due and payable within 15 days of the invoice date unless otherwise agreed
• Late payments may be subject to a late payment charge of 1.5% per month or the maximum rate permitted by law, whichever is lower
• Smartco reserves the right to suspend services for accounts with outstanding overdue payments
• All taxes, including GST, are the responsibility of the Client and will be added to invoices as applicable

Refunds & Cancellations

Refund and cancellation terms are defined in individual Service Agreements. Generally, work completed and delivered is non-refundable. Unused retainer amounts or pre-paid service fees may be refunded on a pro-rata basis at Smartco's discretion, subject to any applicable cancellation fees.

🔒 6. Confidentiality

Both parties acknowledge that in connection with services, each may disclose to the other certain confidential and proprietary information. Each party agrees to:

• Maintain the confidentiality of all Confidential Information received from the other party
• Use Confidential Information solely for the purposes of fulfilling obligations under the service engagement
• Disclose Confidential Information only to employees and contractors who need to know and are bound by similar confidentiality obligations
• Promptly notify the other party of any actual or suspected unauthorised disclosure of Confidential Information

These obligations shall survive the termination of any service engagement for a period of three (3) years.

📣 7. Notification and Communication Consent

By accepting this policy and providing your contact information, you acknowledge and consent to receive notifications and promotional communications from us through various channels, including but not limited to email, mobile push notifications, SMS, RCS (Rich Communication Services), WhatsApp, OBD (Outbound Dialling), or any other digital communication platforms.

This consent encompasses communications including:

• Service updates, project status notifications, and account-related information
• Promotional offers, discounts, and special service packages
• Newsletter, industry insights, and technology updates
• Event invitations, webinar announcements, and community updates
• Important policy changes and announcements affecting your services

Opting Out

If you prefer not to receive such updates or marketing communications, you may opt out by contacting us at info@smartco.life. You may also unsubscribe from email communications using the unsubscribe link in any marketing email, or reply STOP to any SMS message. Opting out of marketing communications will not affect transactional messages required for service delivery.

⚠️ 8. Disclaimers

Our services and website are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Smartco disclaims all warranties including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that our services will be uninterrupted, error-free, or completely secure
• Warranties regarding the accuracy, reliability, or completeness of any information provided
• Warranties that any defects or errors will be corrected

While we strive to deliver the highest quality services, technology solutions may encounter unforeseen issues. Smartco will make commercially reasonable efforts to resolve any issues promptly.

Third-Party Services

Smartco may recommend or integrate third-party services, software, or platforms. We make no representations or warranties regarding such third-party services and are not responsible for their performance, availability, or terms of use.

⚖️ 9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Smartco, its directors, officers, employees, agents, or partners be liable for:

• Any indirect, incidental, special, exemplary, or consequential damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages arising from the use or inability to use our services
• Unauthorised access to or alteration of your data or transmissions
• Any matter beyond our reasonable control

In all cases, Smartco's total cumulative liability for any claim arising out of or related to our services shall not exceed the total fees paid by you to Smartco in the three (3) months immediately preceding the event giving rise to the claim.

🛡️ 10. Indemnification

You agree to indemnify, defend, and hold harmless Smartco and its officers, directors, employees, and agents from and against any claims, actions, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of our services or website
• Your violation of these Terms and Conditions
• Your violation of any applicable laws, regulations, or third-party rights
• Any content you provide, submit, or make available through our services
• Any negligent or wrongful conduct by you in connection with our services

🚪 11. Termination

Either party may terminate a service engagement upon written notice as specified in the relevant Service Agreement. Smartco may immediately suspend or terminate your access to our services in the following circumstances:

• Material breach of these Terms or any Service Agreement that is not remedied within 14 days of written notice
• Non-payment of fees that remain outstanding for more than 30 days after the due date
• Insolvency, bankruptcy, or liquidation of the Client
• Use of our services for fraudulent, illegal, or harmful purposes

Effect of Termination

Upon termination, all outstanding fees become immediately due and payable. Smartco will provide reasonable assistance in transitioning services where applicable. Provisions relating to intellectual property, confidentiality, indemnification, and limitation of liability shall survive termination.

🏛️ 12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The courts of Chennai, Tamil Nadu, India shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms.

Dispute Resolution Process

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or any Service Agreement, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, the parties may pursue formal legal proceedings in the courts of Chennai, Tamil Nadu.

🔄 13. Amendments

Smartco reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For significant changes, we may also provide notification via email to registered users.

Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of our services.

📞 14. Contact Us

If you have any questions, concerns, or require clarification about these Terms and Conditions, please contact us:

• Company: Smartco
• Address: Shop 6, Grand Commercial Complex, Velachery Main Road, Chennai, Tamil Nadu 600042, India
• Email: info@smartco.life
• Phone: +91 9717487579

We will endeavour to respond to all legal enquiries within 10 business days.