Terms of Service

Last updated: February 27th, 2025

Welcome to Smart Web Creative. By accessing our website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

Payment Terms

1. General Payment Policy
   • All payments are non-refundable and serve as a commitment to proceed with the project. Payment is required as follows:
     • Hourly-Based Projects & Payment Plan Services – Full payment is required upfront before work begins.
     • Website Design Packages – Payments are structured into four installments:
       • 25% deposit at project initiation.
       • 25% upon design completion and client approval.
       • 25% upon completion of core website functionality.
       • 25% final payment prior to website launch. The website will not go live until the final payment is received.
     • Logo Design Packages – A 50% deposit is required at project initiation. The remaining balance must be paid before the final logo files are delivered.
2. Late Payments & Default
   • If payment is not made by the due date, the following late fee policy applies:
     • A 5% late fee will be added to the outstanding balance if payment is not received within one (1) week of the original due date.
     • If payment is not received within the grace period, work may be suspended until the full balance is paid.

Clients will receive reminders about outstanding payments before any late fees are applied. Failure to pay in a timely manner may result in a delay or suspension of project deliverables.

Cancellation

If a project is canceled, Smart Web Creative retains ownership of all work produced until full payment is received. This includes, but is not limited to, designs, graphics, website files, and brand identity assets. However, any materials, content, or assets provided by the client remain the property of the client. For website projects, the client will receive the necessary website files and databases, but any custom graphics created by Smart Web Creative will only be delivered in web-ready formats, not in their native editable files. All deposits are non-refundable.

Project Recommencement Fee

If a project is inactive for more than three (3) months and the client later decides to resume work, a Project Recommencement Fee will be required. This fee accounts for the additional time and effort needed to reacquaint with the project details and objectives. The amount will be determined based on the project’s scope and complexity and must be paid before work resumes. The developer reserves the right to assess the fee based on project-specific circumstances. Clients are encouraged to communicate any expected delays to discuss possible solutions that may prevent the need for a recommencement fee.

Price Changes

Pricing for both recurring services and hourly projects is subject to change. If a price adjustment occurs, Smart Web Creative will notify the client in advance, and a new agreement may be required. Clients who wish to cancel a recurring service must provide written notice before the next billing cycle.

Single Point of Contact

To ensure smooth communication and project execution, the client must designate a single point of contact. This individual should have the authority to make decisions regarding all aspects of the project, including approvals, revisions, and final deliverables. Any changes to the designated contact must be communicated to Smart Web Creative in writing.

Source of Content

The client is responsible for providing all necessary content for the project, including but not limited to text, images, graphics, audio, video, and any other materials required for completion. Smart Web Creative is not responsible for verifying the originality or legality of the provided content. The client assumes full liability for any copyright infringement, plagiarism, or other legal issues arising from the materials they supply and agrees to cover any legal fees resulting from such matters.

Right to Refuse Service

Smart Web Creative reserves the right to decline or discontinue work on any project that involves content deemed unlawful, inappropriate, or harmful. This includes, but is not limited to, materials that:

• Contain viruses, malware, or malicious code
• Promote harassment, hate speech, discrimination, violence, or illegal activities
• Infringe upon privacy, copyright, trademarks, or intellectual property laws
• Engage in spamming, phishing, or fraudulent practices

If a project is canceled due to a violation of these terms, Smart Web Creative will not issue a refund for any payments made.

Project Process

Smart Web Creative will provide updates on the progress of each stage of the project. The process may vary depending on the service selected by the client.

Logo Design Packages

• Basic Logo Design: Includes one (1) logo concept with up to three (3) revisions. Once approved, final output files will be delivered.
• Advanced Logo Design: Includes up to two (2) logo concepts with up to three (3) revisions. Upon approval, final output files and a branding guide will be provided.
• Premium Logo Design: Includes up to three (3) logo concepts with up to three (3) revisions. Upon approval, final output files, a branding guide, and business card designs for up to three (3) individuals will be delivered.

If additional logo concepts are requested beyond the package limits, the client may upgrade to the next available package by paying the difference. For Premium Logo Design clients, additional logo concepts beyond the package limit will incur a 20% fee per concept.

Website Design Packages

• Basic Website: A standard-themed website design with up to four (4) pages. Clients can upgrade to a higher package by paying the difference.
• Landing Page Website: A custom-themed single-page website with up to two (2) revisions. If an eCommerce package is selected, premium plugin purchases may be required.
• Advanced Website: A custom-themed website with up to five (5) pages and up to three (3) revisions. If an eCommerce package is selected, premium plugin purchases may be required.
• ECommerce Website: A custom-themed website with up to ten (10) pages, eCommerce setup, up to ten (10) simple products, and two (2) hours of training.

Once the website design is approved, Smart Web Creative will proceed with the development phase. Upon completion, the website will be prepared for launch, at which point the client must submit any remaining balance before the site goes live.

Enhancements & Modifications

Any modifications or enhancements to a project will require a separate quote. Smart Web Creative reserves the right to offer a bid for additional work requested by the client.

Website Maintenance & Support

Our website maintenance services may include software updates, theme and plugin updates, malware removal, SSL validity checks, and broken link management. Support may involve content changes, navigation adjustments, and error resolution.

Clients must host their website(s) with us to receive maintenance and support services. Maintenance may require temporary downtime for eCommerce websites, and Smart Web Creative is not liable for any lost revenue during this period.

Domain Names & Web Hosting

Clients are responsible for ensuring they have the right to use their registered domain name and must comply with any third-party terms. Smart Web Creative is not liable for any domain registration disputes. Hosting services provided by us are subject to cancellation at our discretion.

Ownership of Copyright

Upon final payment, clients receive ownership rights to the final design, excluding native source files, which remain the property of Smart Web Creative. We reserve the right to display completed work in our portfolio.

Limitation of Liability

Smart Web Creative shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use our services, including but not limited to loss of data, revenue, or business opportunities.

Compliance with Accessibility Standards

We strive to follow best practices in website accessibility, including WCAG and ADA guidelines. However, ultimate compliance responsibility lies with the client. Smart Web Creative is not liable for any legal claims arising from non-compliance.

Confidentiality

We respect client confidentiality and will not disclose sensitive information unless legally required. Publicly available or independently developed information is not considered confidential.

Privacy Policy

Personal data collected through our website or services will be handled per applicable data protection laws. Please refer to our Privacy Policy for detailed information on data usage.

Dispute Resolution

Any disputes arising under these Terms shall be resolved through arbitration or mediation. The client agrees to cover all legal costs associated with dispute resolution if found in breach of these terms.

Acceptance of Terms

By using our website or services, you acknowledge and agree to these Terms of Service. Smart Web Creative reserves the right to update these terms at any time without prior notice.

If you have any questions, please contact us at [email protected].