Terms & Conditions
Effective: November 23, 2023 | Download PDF | Archived versions
Welcome to SmartCP! By signing up for a SmartCP Account or by using any SmartCP Service, you are agreeing to be bound by the following Terms & Conditions (the "Terms").
As used in these Terms, "we", "us", "our" and "SmartCP" means the owner of SmartCP Services, and "User(s)" or "you" means the SmartCP User (if registering for or using a SmartCP Service as an individual), or the business employing the SmartCP User (if registering for or using a SmartCP Service as a business) and any of its affiliates.
SmartCP provides versatile software solutions for businesses of all types and sizes. Our suite of products includes both ready-to-use software products (the "Service(s)") and custom software development services (the "Custom Service(s)") to meet your specific needs.
Account Terms
To access certain features of SmartCP, you may need to register an account (the "Account"). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required.
When you create an Account with us, you agree to provide accurate and complete information about yourself and to update this information as needed. You are solely responsible for maintaining the confidentiality of your Account information and password, and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
By creating an Account with SmartCP, you agree that email will be the primary method of communication between you and us. We will use the email address provided during Account registration to send important notices, updates, and other information related to your use of our Services. It is your responsibility to ensure that the email address on file with us is accurate and up-to-date, and to check your email regularly for messages from us. We are not responsible for any communications that are not received due to your failure to provide a valid email address or to check your email regularly.
We reserve the right to terminate or suspend your Account at any time and without notice, for any reason or no reason, including if we believe that you have violated these Terms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by SmartCP.
Account Activation
When you subscribe to our Services, we will provide you with access to our Services within a reasonable timeframe after we receive payment in full. During this time, we may require additional information or verification from you in order to activate your Account.
For new Users of our Services we offer a free trial period of 30 days. During this trial period, you will have access to all features and functionalities of our Services. If you decide to continue using our Services after the trial period, we will invoice you for the subscription fee for the upcoming period, and it is your responsibility to ensure that payment is received before the due date specified on the invoice, however if we don't get acception of keep using our Service then we reserve the right to suspend or terminate your Account and delete any data associated with it after trial period.
After you have been granted access to our Services, you will have the ability to create additional Accounts for your employees or other individuals who may require access to our Services. Please note that you are solely responsible for managing these Accounts and ensuring that access is limited to authorized individuals. We are not responsible for the actions of any individuals who may have access to your Account or these additional Accounts, and we recommend that you take appropriate measures to ensure that your Account is secure and that access is limited to authorized individuals.
Please note that we reserve the right to modify or discontinue the free trial period offer at any time, without notice. We also reserve the right to terminate your trial period or your Account if we suspect that you are abusing the free trial period or violating any of our Terms & Conditions.
In cases where we determine that you have abused the free trial period or violated our Terms, we reserve the right to terminate your Account without prior notice. In addition, we may also require payment of a penalty fee as a result of the violation.
Your Responsibilities
As a User of SmartCP, you have certain responsibilities to ensure that you use our Services in a safe and appropriate manner. These responsibilities include, but are not limited to:
- You agree not to use SmartCP for any illegal or unauthorized purposes, including but not limited to violating any intellectual property rights, hacking, spreading malware or viruses, or engaging in fraudulent activity.
- You agree not to interfere with or disrupt the operation of SmartCP, including but not limited to attempting to access our servers or networks without authorization, or introducing any harmful code or data into our systems.
- You agree to provide accurate and complete information when using SmartCP, and to update this information as needed.
- You are responsible for ensuring that any content you upload or share through SmartCP is not infringing on the intellectual property rights of others, is not defamatory, and is not otherwise illegal or harmful.
- You agree to comply with all applicable laws and regulations when using SmartCP, including but not limited to data privacy laws and regulations.
Payment and Fees
Access to SmartCP's Services is provided on a subscription basis, as specified on our website or in your subscription agreement. The subscription fee provides you with access to our Services for the duration of your subscription period.
However, for Custom Services, payment terms will be negotiated with the customer on a case-by-case basis. We will work with you to determine a payment schedule that meets your needs and the requirements of the project.
When you subscribe to our Services, we will issue invoices for subscription renewals on a monthly basis, from the 1st to the 3rd day of each month. It is your responsibility to ensure that payment is received before the due date specified on the invoice, which is typically from the 7th to the 10th day of the month. If payment is not received by the due date, we reserve the right to suspend or terminate your access to our Services until payment is received.
Once we receive payment, your subscription will be extended until the 10th day of the following month. Please ensure that you make timely payments to avoid any disruption to your access to our Services.
Please note that the subscription fee is non-refundable, and we do not offer refunds or credits for partial months or unused subscription periods.
Intellectual Property
For more information on our intellectual property rights, please see our Legal Information page.
Data Privacy and Security
For more information on our data privacy and security practices, please see our Privacy Policy. By using SmartCP, you agree to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
Liability and Disclaimers
To the fullest extent permitted by law, SmartCP disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. SmartCP shall not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of SmartCP.
Term and Termination
Upon the expiry of our Service, your data will no longer be accessible through our Service, as it is an integral part of the Services functionality. If you wish to retain your data after the Service has expired, you must export your data before the expiry date. We provide tools within our Service to allow you to export your data, and we recommend that you do so in a timely manner.
If payment for our Service is overdue by 30 days, we reserve the right to suspend or terminate your Account and delete any data associated with it. We will provide you with notice of any impending deletion, and we will make reasonable efforts to contact you to arrange for payment or alternative arrangements to be made. However, if payment is not received within the allotted time, we may delete your data from our system without further notice, thereby terminating the agreement with you
If you have any questions or concerns about the expiry of our Service or data retention policies, please contact us at info@smartcp.org.
SmartCP can at any time change and update these terms and information of our
rights.
These terms will always be available on our websites. Use of our website or
services after a change of terms, is considered as the users accept of our changed terms.