Last updated: March 21, 2023
Please read these Terms and Conditions (“Terms”) carefully before using the www.smarterxd.co.uk website (the “Site”) operated by SmarterXd Design & Advertising Limited (“us”, “we”, or “our”).
By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.
1 – Services
SmarterXd Design & Advertising Limited provides various services, including but not limited to, Google Ads management, web design and development, and hosting services. By engaging us for these services, you agree to the terms outlined in this document.
2 – Advertising Services
We offer advertising services, such as Google Ads management. While we strive to provide effective advertising strategies, we cannot guarantee any specific results, such as an increase in website traffic, conversions, or sales. By using our advertising services, you acknowledge and agree that we are not liable for any lack of results or for any losses or damages that may arise due to the performance of your advertising campaigns.
3 – Hosting Services
We provide hosting services using a white-labelled version of Brixly. By using our hosting services, you agree to be bound by Brixly’s terms and conditions, which can be found here.
- Service Continuity: We are not responsible for any interruption or discontinuation of hosting services due to Brixly ceasing trading or discontinuing a service. In the event that Brixly ceases trading or discontinues a service, we will not be liable for any losses or damages you may incur.
- Data Loss and Backups: We are not liable for any data loss as a result of Brixly’s services. While Brixly may provide backup services, it is your responsibility to keep your own backups of your website and any associated data. We are not liable for any damages or losses resulting from the loss of your website or associated data.
- Service Termination: We reserve the right to discontinue our hosting service at any time. In the event that we discontinue our hosting service, we will provide you with a notice period during which you may migrate your hosting away from our services. We will not be liable for any losses or damages you may incur as a result of this discontinuation.
4 – Website Design & Development
We provide web design and development services. By engaging us for these services, you agree to provide us with all necessary materials, including but not limited to, text, images, and logos, in a timely manner. We will make reasonable efforts to deliver the final product within the agreed-upon timeframe. However, delays may occur due to factors beyond our control, and we shall not be liable for any damages or losses resulting from such delays.
5 – Liability
We shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- Your use or inability to use the Site or our services
- Unauthorised access to or alteration of your transmissions or data
- Any other matter relating to the Site or our services
Our total liability to you for any claims arising from or related to the Site or our services shall not exceed the amount you have paid to us for the services giving rise to such claim.
6 – Changes to the Term
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Site.
7 – Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
8 – Intellectual Property
All intellectual property rights, including copyrights, trademarks, and patents related to the Site and any services provided by us, shall remain our exclusive property. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or our services without our express written permission.
9 – Termination
We may terminate or suspend your access to the Site and our services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach the Terms.
Upon termination, your right to use the Site and our services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site and our services.
10 – Indemnification
You agree to indemnify, defend, and hold harmless SmarterXd Design & Advertising Limited, its officers, directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or our services, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms.
11 – Contact Us
If you have any questions about these Terms, please contact us at hello@smarterxd.co.uk