Terms And Conditions

• Welcome to Smart Web & App. By signing up with us, and being a Client, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use our services. Smart Web & App may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions.


• In these Terms and Conditions, all services provided by and related to Smart Web & App, and all text, images, photographs, user interface, "look" and "feel", data and other content included at Smart Web & App from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Website" and/or "Service."


• Post-delivery Refund: if a requsted for a refund is made within 48 hours of the inital content delivery, you would be eligible for a 66% refund (less 10% service & processing fee)


• You acknowledge and agree that Smart Web & App shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities.


• You acknowledge, consent and agree that Smart Web & App may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
  (a) comply with legal process;
  (b) enforce these Terms and Conditions;
  (c) respond to claims that any content violates the rights of third-parties;
  (d) respond to your requests for customer service; or
  (e) protect the rights, property, or personal safety of Smart Web & App, its users and the public.
  
  


• Smart Web & App reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Smart Web & App shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.


• Smart Web & App reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Smart Web & App shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.

Smart Web & App Technicalities

(a) Description The Smart Web & App Service is an online offering where individuals or entities that have signed up with Smart Web & App as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by Smart Web & App ("Members").

Smart Web & App will provide you, as the Client, the Service according to the Package you have chosen. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.

(b) Creative Brief and Responses You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Website, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. Smart Web & App is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Smart Web & App may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.

(c) Reviewing Responses When Smart Web & App provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform Smart Web & App that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify Smart Web & App that you think a response is not reasonably responsive to the related Creative Brief, you shall then submit to the Website a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide Smart Web & App with a Revision Brief, Smart Web & App will provide you with a subsequent Response that conforms to the additional criteria you requested. Smart Web & App is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.

(d) Revision Cycles Revision cycles generally consist of 2–6 additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles. By the third revision request, your requests shall be modifications of the current composition only.

Eligibility, Access, Use and Service

(a) Eligibility Requirements To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions and Smart Web & App privacy policy, and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements and that the information you include is complete and accurate. Smart Web & App may accept or reject your registration in its sole discretion.

(b) Authorization to Use; Permitted Uses You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies on the Website.

(c) Prohibited Uses You agree not to misuse the Website or Service. Without limitation, you shall not revise or delete any material of any other user of Smart Web & App, interfere with the Website’s infrastructure, or attempt to reverse-engineer any software comprising the Website.

(d) Website Security Violations of system or network security may result in civil or criminal liability. Smart Web & App will investigate occurrences that may involve such violations and may cooperate with law enforcement authorities.

(e) Operation of Website Smart Web & App shall not be responsible for delays, interruptions, errors, or omissions contained in the Website or Service.

Refund, Cancellation & Tax Policy

The Smart Web & App refund policy will be nil if: • You have chosen a special package • The primary design concept has been approved • Revisions have been demanded • The cancellation reason is non-company related • The company has not been contacted for more than 2 weeks • Company policies have been violated • Another company or designer has been approached • The creative brief lacks required information • A complete design change is demanded • The refund request time span has elapsed • Business is closing or changing name • Change of mind or internal disagreements • Partial dissatisfaction in bundled services • After 7 days from purchase • SEO, Social Media, Hosting, Domain services • Website approved and sent for development • Contract not signed within required time • Printed orders in production or delivery

Note: Smart Web & App holds all rights to reject any project or cancel the contract when deemed necessary. After a refund, all designs remain the sole property of Smart Web & App.

All communication must be documented via registered email. Lack of response within stated timelines results in deemed acceptance.

Payments are securely processed via merchant services. Smart Web & App does not store card details.

All prices are exclusive of applicable taxes.

Ownership; Rights to Use

FExcept as otherwise stated, Smart Web & App owns all intellectual property related to the Website and Service. You may not use the name or trademarks of Smart Web & App without written consent. You own only the Final Product. All preliminary concepts remain the property of Smart Web & App. Smart Web & App reserves the right to charge fees for release of final files, domains, or master files.

Non-Disclosure and Privacy

Smart Web & App follows commercially reasonable efforts to comply with its privacy policy but assumes no responsibility for misuse of information due to external malicious acts.

Warranty Disclaimers; Indemnification; Limitation of Liability

The Service is provided “AS IS.” Smart Web & App disclaims all warranties to the maximum extent permitted by law and shall not be liable for indirect, incidental, or consequential damages. Total liability shall not exceed the amount paid to Smart Web & App. This Agreement is governed by the laws of the United States.

Contact

Smart Web & App
(215) 821-7418
steven@smartwebandapp.com