Terms of Service

1. Agreement to Terms

By accessing and using the services provided by Smoobu Design ("we," "us," or "our"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.

We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current service shall be subject to the Terms of Service. Continued use of the service after any such changes shall constitute your consent to such changes.

2. Service Description

Smoobu Design provides professional website design and development services tailored to meet your business goals. Our services include but are not limited to:

• Custom Website Design:Creation of unique, modern website designs that reflect your brand identity and business objectives
• Responsive Development:Implementation of mobile-friendly, responsive websites that work seamlessly across all devices and screen sizes
• Content Management:Integration of user-friendly content management systems for easy website updates and maintenance
• SEO Optimization:Basic search engine optimization to improve your website's visibility and ranking in search results
• Performance Optimization:Ensuring fast loading times and optimal website performance for enhanced user experience
• Technical Support:Ongoing technical assistance and maintenance services as outlined in your service agreement

Service Limitations

While we strive to deliver exceptional results, certain limitations apply to our services:

• Third-party integrations and plugins are subject to their respective terms and availability
• Custom functionality requests may require additional time and cost assessments
• Content creation and copywriting services are available as separate add-ons unless specified in your package
• Hosting and domain registration services are managed separately and subject to third-party provider terms

3. Client Responsibilities

To ensure successful project completion and optimal service delivery, clients agree to the following responsibilities:

Content and Materials

• Provide all necessary content, including text, images, logos, and other media in a timely manner
• Ensure all provided content is original or properly licensed for use
• Review and approve design mockups and development milestones within agreed timeframes
• Maintain clear and responsive communication throughout the project duration

Legal Compliance

• Ensure all content complies with applicable laws and regulations
• Obtain necessary permissions and licenses for any third-party materials
• Verify that website content does not infringe on intellectual property rights
• Comply with data protection and privacy regulations relevant to your business

Feedback and Revisions

• Provide constructive and specific feedback during review phases
• Consolidate feedback from all stakeholders before submission
• Understand that revision rounds are limited as specified in your service package
• Acknowledge that significant scope changes may require additional fees and timeline adjustments

4. Payment Terms

Clear and transparent payment terms ensure smooth project execution and mutual understanding:

Payment Structure

Our standard payment structure follows this schedule:

• Initial Deposit:50% of the total project cost is due upon contract signing to initiate work
• Milestone Payments:For larger projects, payments may be divided into milestone-based installments
• Final Payment:Remaining balance is due upon project completion and before final delivery
• Recurring Services:Monthly or annual fees for maintenance and support services are billed in advance

Payment Methods

We accept the following payment methods:

• Bank transfers and wire payments
• Major credit and debit cards
• PayPal and other approved digital payment platforms
• Business checks (subject to clearance before work commencement)

Late Payments and Consequences

Timely payment is essential for project continuity. Please note:

• Invoices are due within 14 days of issuance unless otherwise specified
• Late payments may incur a fee of 1.5% per month on outstanding balances
• Work may be suspended if payments are more than 30 days overdue
• Access to completed work will be granted only upon full payment receipt

5. Project Timeline and Delivery

Project timelines are established based on scope, complexity, and client responsiveness. Understanding these factors helps set realistic expectations:

Timeline Estimates

Typical project timelines vary based on service type:

Service Type	Estimated Timeline	Key Factors
Basic Website (5-10 pages)	4-6 weeks	Content availability, feedback speed
Standard Business Site (10-20 pages)	6-10 weeks	Custom features, integrations
E-commerce Platform	8-14 weeks	Product catalog size, payment setup
Custom Web Application	12-24 weeks	Complexity, testing requirements

Factors Affecting Timeline

• Client Response Time:Delays in providing feedback or materials will extend project duration proportionally
• Scope Changes:Modifications to original project scope may require timeline adjustments
• Technical Complexity:Unforeseen technical challenges may necessitate additional development time
• Third-Party Dependencies:External service integrations may introduce delays beyond our control
• Revision Requests:Extensive revisions beyond agreed limits will impact delivery schedules

Delivery Process

Our structured delivery process ensures quality and client satisfaction:

1. Design Phase Completion:Initial design mockups presented for review and approval
2. Development Milestones:Functional prototypes shared at key development stages
3. Testing and Quality Assurance:Comprehensive testing across devices and browsers
4. Client Review Period:Final review opportunity before launch
5. Launch and Handover:Website goes live with full documentation and training provided

6. Intellectual Property Rights

Clear ownership and usage rights protect both parties and ensure proper use of creative work:

Client-Owned Materials

You retain full ownership of all materials you provide, including:

• Company logos, trademarks, and brand assets
• Written content, copy, and marketing materials
• Photographs, videos, and other media assets
• Proprietary business information and data

Work Product Ownership

Upon full payment, you receive ownership of:

• Final website design and visual elements created specifically for your project
• Custom code and functionality developed exclusively for your website
• Graphics and images created by our team for your project
• Documentation and training materials provided

Smoobu Design Retained Rights

We retain rights to:

• Reusable code libraries, frameworks, and development tools
• Design methodologies, processes, and techniques
• Pre-existing templates or components adapted for your project
• Portfolio rights to showcase completed work (with your permission)

Third-Party Components

Websites may incorporate third-party elements subject to their own licenses:

• Open-source software and frameworks (e.g., Bootstrap, WordPress)
• Stock photography and icon libraries
• Fonts and typography resources
• Plugins and extensions from third-party developers

7. Warranties and Disclaimers

We stand behind our work while maintaining realistic expectations about digital services:

Our Warranties

Smoobu Design warrants that:

• Services will be performed with professional skill and care consistent with industry standards
• Delivered websites will function as specified in the project agreement
• Work will be original and will not infringe on third-party intellectual property rights
• We will address any defects or errors in our work within the warranty period (typically 30 days post-launch)

Warranty Limitations

Our warranty does not cover:

• Issues arising from client modifications or third-party interventions
• Problems caused by hosting environment changes or server issues
• Compatibility issues with future browser or device updates
• Third-party plugin or service failures
• Content updates or changes made by the client

Disclaimer of Other Warranties

Except as expressly stated above, we provide services "as is" without warranties of any kind, either express or implied, including but not limited to:

• Implied warranties of merchantability or fitness for a particular purpose
• Guarantees of specific search engine rankings or traffic levels
• Promises of specific business results or revenue generation
• Assurances of uninterrupted or error-free operation

Performance Expectations

While we optimize for performance, actual website speed and functionality depend on multiple factors including:

• Hosting provider quality and server specifications
• Internet connection speeds and network conditions
• User device capabilities and browser versions
• Content volume and media file sizes

8. Limitation of Liability

Understanding liability limits protects both parties and sets clear expectations:

Maximum Liability

Our total liability for any claims arising from our services is limited to the total amount paid by you for the specific service giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise.

Excluded Damages

Under no circumstances shall Smoobu Design be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services or procurement
• Business interruption or downtime
• Damage to reputation or goodwill

Third-Party Services

We are not liable for:

• Failures or issues with third-party hosting providers
• Problems with external plugins, themes, or integrations
• Payment processor errors or transaction issues
• Domain registrar or DNS service problems
• Email service provider deliverability issues

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, or acts of God
• Government actions, regulations, or restrictions
• Internet service disruptions or cyber attacks
• Labor disputes or strikes
• Supplier or vendor failures

9. Confidentiality

We take the protection of your confidential information seriously and maintain strict confidentiality standards:

Confidential Information Definition

Confidential information includes any non-public information disclosed by either party, including:

• Business strategies, plans, and financial information
• Customer lists, pricing structures, and proprietary data
• Technical specifications, source code, and development processes
• Marketing strategies and unpublished content
• Any information marked as confidential or that reasonably should be considered confidential

Our Confidentiality Obligations

Smoobu Design agrees to:

• Maintain strict confidentiality of all client information
• Use confidential information solely for providing agreed services
• Implement reasonable security measures to protect sensitive data
• Limit access to confidential information to team members who need it
• Not disclose confidential information to third parties without written consent

Exceptions to Confidentiality

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully known prior to disclosure
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

Data Security

We implement industry-standard security practices including:

• Encrypted data transmission and storage
• Secure access controls and authentication
• Regular security audits and updates
• Employee training on data protection

10. Termination

Either party may terminate the service agreement under specific conditions:

Termination by Client

You may terminate services by providing written notice. Upon termination:

• You remain responsible for payment of all services rendered up to the termination date
• Any deposits or advance payments are non-refundable
• You will receive all completed work products upon full payment
• Incomplete work remains property of Smoobu Design until paid in full

Termination by Smoobu Design

We reserve the right to terminate services if:

• Payment is more than 30 days overdue
• Client breaches material terms of this agreement
• Client requests illegal or unethical work
• Client behavior is abusive or unprofessional toward our team
• Project scope changes make continuation impractical

Effects of Termination

Upon termination of services:

• All outstanding invoices become immediately due and payable
• Access to work-in-progress files and staging environments will be revoked
• Confidentiality obligations continue indefinitely
• Neither party is liable for damages resulting from proper termination

Refund Policy

Our refund policy is as follows:

• Initial deposits are non-refundable once work has commenced
• Refunds for completed work are not provided
• Partial refunds may be considered for work not yet started
• Refund requests must be submitted in writing with detailed justification

11. Dispute Resolution

We prefer to resolve disputes amicably through direct communication. However, formal procedures are in place when needed:

Informal Resolution

Before initiating formal proceedings, parties agree to:

• Communicate concerns clearly and professionally in writing
• Attempt good-faith negotiations to resolve the dispute
• Allow reasonable time (at least 30 days) for resolution discussions
• Consider mediation by a mutually agreed neutral third party

Mediation

If informal resolution fails, parties agree to mediation before litigation:

• Mediation will be conducted by a qualified mediator
• Costs of mediation will be shared equally
• Mediation proceedings are confidential
• Either party may proceed to arbitration if mediation fails

Arbitration

Disputes not resolved through mediation shall be settled by binding arbitration:

• Arbitration will be conducted under applicable arbitration rules
• Arbitration location will be mutually agreed or determined by the arbitrator
• Arbitrator's decision is final and binding
• Each party bears its own legal costs unless arbitrator decides otherwise

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where Smoobu Design is registered, without regard to conflict of law principles.

12. General Provisions

Entire Agreement

These Terms of Service, together with any project-specific agreements and proposals, constitute the entire agreement between you and Smoobu Design regarding our services and supersede all prior agreements and understandings.

Amendments

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes constitutes acceptance of the modified terms.

Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms remain in full force and effect.

Waiver

Failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

Assignment

You may not assign or transfer these terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

Independent Contractors

The relationship between you and Smoobu Design is that of independent contractors. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship.

Notices

All notices under these terms must be in writing and will be deemed given when delivered personally, sent by confirmed email, or three days after being sent by registered mail to the addresses provided in the service agreement.

Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: payment obligations, intellectual property rights, confidentiality, warranties, limitations of liability, and dispute resolution.