Smart Web Plans, LLC

smartwebplans.com

Terms of Service & User Agreement

The following "Terms of Service" governs your use of the software and services provided by Smart Web Plans, LLC ("Smart Web Plans") at smartwebplans.com website (the "Site"). This is a binding agreement between you and Smart Web Plans and incorporates our Privacy Policy at smartwebplans.com/privacy-policy. By using any software or services provided by Smart Web Plans (the "Services"), you are accepting to be bound to the terms of this Agreement.

1. Acceptance of Terms

We reserve the right to change these Terms from time to time. When we make any changes to our Terms, we will display a notification to inform you that our Terms have been changed or we plan to change our Terms. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Services after such modifications will constitute acknowledgement and acceptance of the modified Terms.

2. Services

Smart Web Plans provides a multitude of products integration and services for users on our Site, which you may subscribe through our Site.

a. No Guarantee

Although Smart Web Plans works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Services available on this site.

b. Temporary Interruptions

You understand and agree that temporary interruptions of the Site may occur. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.

c. Right to Modify the Services

We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary. 

3. Payment

a. Fees

If you choose to purchase one or more of the Services provided on our Site, you agree to pay all fees associated with the Services. Our monthly subscription provides tiered pricing for different levels of services and products based on the services you choose to use. In addition to our monthly subscription services, you may purchase add-in services for a one-time fee or recurring subscription fees. Fees may change from time to time. 

Any charges incurred by your purchase or use of the Services, will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as a subscription), such charges will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 10 days of the change.

b. Overdue Amounts

If, for any reason, your credit card declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

c. All Subscriptions Non-refundable

Except as described below, all fees paid for the Services provided on our Site are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, if we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future. 

We reserve the right to issue refunds or credits at our sole discretion in the following situations:

4. Smart Web Plans Intellectual Property

a. Content

For purposes of these Terms, "content" is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Smart Web Plans or its Affiliates.

b. Ownership of Content

By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of Smart Web Plans or its Affiliates.

5. Content You Create

a. Your Intellectual Property Rights

You own and retain all rights to your data and your code for customizing Smart Web Plans platform. You grant us and our applicable third parties to use your data as necessary to provide the Services to you and as permitted by this Agreement and our Privacy Policy. 

6. Termination of Use

a. Grounds for Termination

You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site or services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

In addition to our site and services, you agree that we reserve the right to take necessary actions, including but not limited to terminating or suspending your access to all or part of the Site or services, with or without notice, and for any reason. This includes instances of suspected fraudulent, abusive, illegal, or sexually explicit behavior, which may result in barring your access to the Site and services. Additionally, we may report such behavior to the proper authorities as deemed necessary to ensure the safety and integrity of our platform.

b. No Right to Services Upon Termination

Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith..

Smart Web Plans shall not be held responsible for any loss of income, revenue, profits, contracts, or business opportunities arising directly or indirectly from the use of our products/services, including but not limited to interruptions in service, technical glitches, or any other operational issues. Users/customers acknowledge and agree that their use of our products/services is at their own risk, and they are solely responsible for any consequences resulting from such use. Furthermore, Smart Web Plans disclaims all warranties, whether express or implied, regarding the accuracy, reliability, or suitability of our products/services for any particular purpose. By accessing or using our products/services, users/customers agree to indemnify and hold harmless Smart Web Plans and its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of or related to their use of our products/services. This disclaimer of liability shall apply to the fullest extent permitted by law.

c. How to Terminate or Make Adjustments

If you, for any reason, would like to terminate your access to our Site or make adjustments, Smart Web Plans require written notice before your next billing date. Upon termination of this Agreement, the Company shall cease reproducing, advertising, marketing, and distributing any material or information pertaining to the Customer immediately.

7. Service Transfer Policy and Fee Schedule

Smart Web Plans, LLC provides a comprehensive Service Transfer Policy for various transferable services. This policy covers the seamless transfer of data, content, and associated files to alternative platforms or providers. Examples of transferable services include, but are not limited to:

Website Hosting

Domain Registration

Email Hosting

Content Management Systems (CMS)

E-commerce Platforms

CRM Solutions

In accordance with the Terms of Service & User Agreement of Smart Web Plans, LLC, a transfer fee may be applied in the event of discontinuing services. This fee encompasses the seamless transfer of website data, content, and associated files to another provider or platform of choice. A customized quote will be provided, tailored to the specific requirements of the service. Our team ensures a smooth transition, minimal downtime, and maintains the integrity of the service throughout the paid transfer process. For further details or to request a quote, please contact our support team at info@smartwebplans.com

Last updated: March 4, 2024