Terms & conditions
These terms and conditions ("Terms") govern your use of the Smart Vyapaar website at smartvyapaar.online and the purchase or use of our services. By accessing our website, booking a call, or engaging us for work, you agree to these Terms. If you do not agree, please do not use our website or services.
1. About Smart Vyapaar
Smart Vyapaar provides website design and development, business software, SEO, Instagram/reels marketing, Google Business optimization, hosting setup, and related digital services to businesses in India. Contact: +91 62619 51953 (WhatsApp).
2. Website use
You agree to use our website lawfully and not to:
- Attempt unauthorised access to our systems, accounts, or client projects
- Introduce malware, scrape content at scale, or disrupt site availability
- Misrepresent your identity or affiliation
- Copy, reproduce, or republish site content without permission, except for personal, non-commercial reference
We may update, suspend, or remove website content at any time without notice.
3. Services and proposals
Service descriptions on our website are indicative. A binding scope, timeline, and fee will be confirmed in a written proposal, quotation, invoice, or service agreement ("Project Agreement") before work begins. In case of conflict between these Terms and a signed Project Agreement, the Project Agreement prevails for that project.
4. Pricing, payment, and taxes
- Prices displayed on our website are in Indian Rupees (INR) and, unless stated otherwise, exclusive of GST and other applicable taxes.
- Payment terms, milestones, and accepted methods will be specified in your Project Agreement or invoice.
- Late or missed payments may pause work, delay launch, or suspend hosting or support until accounts are settled.
- Third-party costs - such as domain registration, premium plugins, ad spend, SMS gateways, or payment gateway fees - are billed separately unless explicitly included in your package.
5. Client responsibilities
To deliver on time, you agree to:
- Provide accurate business information, content, logos, photos, and approvals within agreed timelines
- Ensure you have rights to all materials you supply
- Designate a point of contact for decisions and feedback
- Maintain secure access to accounts, domains, and credentials shared with us
- Comply with applicable laws for your industry, advertising, and customer data
Delays caused by missing content, approvals, or access may extend timelines and are not our responsibility.
6. Revisions and scope changes
Each package includes a reasonable number of revisions as defined in your Project Agreement. Requests outside agreed scope - extra pages, features, integrations, campaigns, or design rounds - may require a change order and additional fees. We will confirm scope changes before proceeding.
7. Intellectual property and ownership
- Upon full payment, you receive ownership of custom deliverables created specifically for your project (website code, custom software, copy written for you, and agreed design assets), unless otherwise stated in writing.
- You grant us a licence to use your brand assets and content solely to perform the services.
- We retain ownership of our pre-existing tools, frameworks, templates, internal libraries, and general know-how. Where open-source or licensed components are used, their respective licences apply.
- Unless agreed otherwise, we may display completed work in our portfolio, case studies, and marketing materials, citing your business name and project outcomes.
8. Timelines and delivery
Stated timelines (for example, 3-4 days for a premium website) begin after we receive the agreed deposit, brief, and essential inputs. We will use reasonable skill and care to meet timelines but are not liable for delays caused by factors outside our control, including client delays, third-party outages, domain/DNS propagation, or force majeure events.
9. Hosting, domains, and third-party platforms
Where hosting is included, terms and renewal details will be specified in your package. Domain registration is typically in the client's name. We are not responsible for outages, policy changes, or account suspensions by third-party providers (hosting companies, Google, Meta/Instagram, WhatsApp, payment gateways, etc.), but we will assist with reasonable troubleshooting as part of support.
10. SEO, marketing, and performance disclaimers
SEO, Google Business, Instagram growth, reels marketing, and lead-generation services involve factors outside our control, including search algorithm changes and platform policies. We do not guarantee specific rankings, traffic levels, follower counts, sales, or revenue outcomes. Reports and metrics will be shared in good faith based on available data.
11. Support and maintenance
Post-launch support terms depend on your package or ongoing plan. Unless covered by an active support or retainer agreement, bug fixes for issues caused by third-party updates, client edits, or new feature requests may be billable. We recommend periodic backups and security updates for all live systems.
12. Confidentiality
Each party agrees to keep confidential non-public business, technical, and financial information received from the other, except where disclosure is required by law or necessary to deliver the services. Confidentiality obligations survive project completion.
13. Warranties and disclaimer
We warrant that services will be performed with reasonable skill and care consistent with industry standards. Except as expressly stated, our website and services are provided "as is" and "as available" without warranties of uninterrupted operation, error-free code, or fitness for a particular commercial outcome. You are responsible for verifying that deliverables meet your legal and operational requirements before launch.
14. Limitation of liability
To the maximum extent permitted by applicable law in India:
- We are not liable for indirect, incidental, special, or consequential losses, including lost profits, lost data, or business interruption.
- Our total aggregate liability for any claim relating to a project or these Terms is limited to the fees paid by you to us for that specific project in the three (3) months preceding the claim, or INR 25,000, whichever is greater, unless a higher limit is set in a signed Project Agreement.
Nothing in these Terms limits liability that cannot be limited under applicable law, including fraud or wilful misconduct.
15. Indemnity
You agree to indemnify and hold Smart Vyapaar harmless from claims, damages, and expenses arising from content or materials you provide, your use of deliverables in violation of law, or your breach of these Terms, except to the extent caused by our negligence or wilful misconduct.
16. Termination
Either party may terminate a project as set out in the Project Agreement. If you terminate after work has begun, fees for work completed and non-refundable costs incurred to date remain payable. We may suspend or terminate services for non-payment, abusive conduct, or unlawful use. Upon termination, we will deliver completed work that has been paid for, subject to outstanding dues.
17. Refunds
Refund eligibility depends on the stage of the project and what is stated in your Project Agreement or invoice. Deposits for work already commenced are generally non-refundable. Custom development, creative work, and third-party purchases are typically non-refundable once delivered or procured.
18. Privacy
Our collection and use of personal information is described in our Privacy Policy, which forms part of these Terms.
19. Governing law and disputes
These Terms are governed by the laws of India. Parties will first attempt to resolve disputes in good faith through direct communication. If unresolved, disputes shall be subject to the exclusive jurisdiction of the competent courts in India at a location we specify in the Project Agreement or invoice, or otherwise at our principal place of business.
20. Changes to these Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date. Continued use of our website after changes constitutes acceptance of the updated Terms. Active projects remain governed by the Terms and Project Agreement in effect when the project was agreed, unless both parties agree otherwise in writing.
21. Contact
Questions about these Terms:
- Phone / WhatsApp: +91 62619 51953
- Website: https://www.smartvyapaar.online/
Smart Vyapaar