The terms of the legal agreement between you and Smart Applo will commence on the date you enroll for our services and will end when terminated by either party in accordance with the conditions. The following pointers define the aspects of our business relationship with you.

  • All text and multimedia content (site content) must be solely and responsibly provided by the client to Smart Applo before commencing the work.
  • The client must back up all of their site content before letting Smart Applo undertake the required procedural steps towards meeting the contract. Smart Applo shall not be responsible under any circumstances for the loss or damage of existing data on the site.
  • The contract does not hold Smart Applo responsible for any data entry, web hosting, graphics, artwork, or other tasks unless otherwise paid for or agreed to by both the parties towards such. Any text, images, artwork, graphics designed by Smart Applo on behalf of the client, will be the property of Smart Applo unless otherwise agreed in the contract.
  • While Smart Applo promises to deliver the project within the estimated time, there may, at times, be a need to extend the timeline due to unavoidable and non-forecasted situations. We will do our best to follow the timeline but may need to extend it in cases of deployment issues, dependencies, development bottlenecks, resource unavailability, third-party support, communication delay, or other emergency or like situations.
  • Smart Applo will let the Client review the design and content of the website, once during the process and finally when it’s completed. Smart Applo offers a one-week waiting period for the Client to revert with feedback and outputs on the project. In case, the Client does not respond within this period, the product will be deemed to have been automatically approved and accepted by the Client.
  • The copyright of the data, images, files and graphic logos provided by the Client will remain with the Client, and the Client will grant Smart Applo the rights to use and publish such material. The Client must obtain rights and permission to use any information that belongs to a third party. Further, the Client shall be responsible for granting Smart Applo the rights and permission to use the same. Smart Applo will not be responsible for any claims resulting from the negligence of the Client in obtaining proper copyright permissions. A legal contract for website design, placement, and content shall be regarded as a guarantee by the Client to Smart Applo that all such authorities and permissions have been obtained. Proof of the same may be requested.
  • Any changes on the web page made by the Client or a third-party, after installation or deployment, shall not be the responsibility of Smart Applo. Such changes include but are not limited to additions, deletions, or modifications. Smart Applo may require a one-off web development charge before resolving any issues.
  • Smart Applo has the right to charge a cancellation fee if the Client cancels the service before completion. The cancellation charges will depend on the amount of work completed at the point of cancellation.
  • In the event of the Client not paying the cancellation fee or overdue amount, Smart Applo may take legal action as necessary.

Support and 3rd-Party

  • Smart Applo offers free support for up to one month after the website launch. Thereafter, we charge according to the package the Client chooses. We offer stupendous discounts on a high-priced package. Kindly note that the scope of support includes bug fixing and email support. The issues related to site architecture, rule changes, enhancements, and add-ons are excluded.
  • Smart Applo will not offer any guaranty or warranty on the accuracy or performance of third-party products or services.
  • Any upgrade in the third-party product or service being used in the project shall not lie under the scope of Smart Applo. Such shall be addressed per feasibility and price revision and time may be called for by Smart Applo.

Re-work, Enhancements/Add-ons and Billing

  • Any additional features previously not included in the scope of the project shall be entertained through a Change Management process and will be additionally billed. Any requests for changes, enhancements or add-ons after the wireframe sign-off would be additionally billed and the charges would increase accordingly.
  • Though we cover most changes within the budget of the site, there are a few changes classified as add-ons or enhancements that are charged additionally. Smart Applo will advise you of any such items before commencing the project.
  • If the Client requests re-work, changes, or tweaks in the project after approval or beyond the subsequent stage of the process, Smart Applo may treat it as additional work and charge it additionally.
  • The Client must timely pay the bills charged by Smart Applo without any discounts, deductions, or debt settlement.

Limitations of Liability

  • Smart Applo offers genuine services/products. However, we exclude any warranty, express or implied, as to the availability, quality, accuracy, and performance of the service.
  • Smart Applo excludes itself, its employees, and its agents from any liability for loss/damage caused by omission, delay, error, inaccuracy due to the negligence, or any other cause in the website production. We take no liability for loss of artwork, images, data, content provided by the Client for the site. This is whether the loss is a result of the negligence or otherwise.
  • We are not liable in any way for any damages that arise in the contract except if it leads to death or personal injury caused by our negligent acts or omissions. We will not be liable for any damage arising out of or in connection with this Agreement or service operation. Indirect or consequential damages in the contract, property damage, profit, loss, relating to claims made by third-party – in no event will Smart Applo be liable for the loss/damage.
  • Smart Applo cannot and will not make any guarantees on behalf of third-party organizations. Thus, we shall not be held liable for any damage or loss by the service provided by third parties.

Approvals and Delivery

  • The project will involve multiple stages. The work for the next stage will begin only after receiving the approval and payment for the previous stage as agreed.
  • The code and material developed will be transferred to the Client after the project completion and sign-offs. And once the final payments are made, the code ownership will be passed to and will reside with the Client.
  • Smart Applo can rightfully publish and use the completed work to build its portfolio for references to other potential clients. In the event where it is required to be withheld, the Client shall notify Smart Applo beforehand and request proper approvals towards the same.

Severability

  • In case any one or more of the terms of this Agreement shall be held to be illegal, invalid, or unenforceable, the remaining clauses of the Agreement shall not be impaired and the Agreement shall not be considered void for the sole reason. Such illegal, invalid, or unenforceable terms shall be replaced by mutually legal, valid, and enforceable clauses that come closest to the intention of the parties underlying illegal, invalid, or unenforceable provisions.