Please read these terms carefully before using our services
Welcome to Smart Consultancy. By accessing our website, using our services, or engaging with us in any manner, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, you must not use our website or services.
These Terms constitute a legally binding agreement between you ("Client," "You," or "Your") and Smart Consultancy ("Company," "We," "Us," or "Our"). Please review them carefully.
By using our Website, you represent and warrant that you are at least 18 years of age and capable of entering into a legally binding agreement.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal and business purposes in connection with evaluating or using our Services.
You agree not to:
When you request our Services, we will provide you with a detailed proposal or engagement letter outlining the scope, deliverables, timeline, and fees. The engagement becomes binding only when both parties sign the agreement or when you provide written acceptance.
To enable us to perform the Services effectively, you agree to:
We act as an independent contractor. Nothing in these Terms creates an employment, partnership, or joint venture relationship. We are solely responsible for our personnel and their work.
Fees for Services will be outlined in the applicable proposal or engagement letter. Unless otherwise agreed, fees are based on:
Invoices are due within 15 days of the invoice date unless otherwise specified. Late payments may incur interest at 1.5% per month or the maximum allowed by law. We reserve the right to suspend Services for overdue accounts.
Unless otherwise agreed, you will reimburse reasonable out-of-pocket expenses (travel, accommodation, etc.) incurred in providing Services. Expenses will be itemized on invoices.
Note: All fees are exclusive of applicable taxes, which will be added as required by law.
All materials, methodologies, frameworks, templates, and tools developed by us (including pre-existing intellectual property) remain our sole property. We grant you a non-exclusive, royalty-free license to use any deliverables specifically created for you, solely for your internal business purposes.
You retain all rights to any Client Materials you provide. You grant us a license to use, reproduce, and modify such materials solely to perform the Services.
Any suggestions, ideas, or feedback you provide may be used by us without obligation or compensation to you.
Both parties agree to protect each other's Confidential Information using the same degree of care used to protect their own, but no less than reasonable care. Confidential Information shall not be disclosed to third parties without written consent, except as required by law.
This obligation survives termination of these Terms for a period of three years. Trade secrets remain protected indefinitely.
To the maximum extent permitted by law:
You agree to indemnify and hold Smart Consultancy harmless from any claims, losses, liabilities, and expenses (including legal fees) arising out of your use of the Website, your violation of these Terms, or your provision of inaccurate Client Materials.
Either party may terminate a specific engagement with 30 days' written notice. You will pay for all Services rendered up to the termination date.
We may terminate these Terms or suspend Services immediately if you breach any material term and fail to cure within 10 days of notice, or if you become insolvent.
Sections pertaining to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Payment obligations survive termination.
Our Website may contain links to third-party websites or resources. We do not endorse and are not responsible for the content, products, or services of such third parties. Your use is at your own risk.
These Terms are governed by the laws of India. Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiations. If unresolved, disputes shall be submitted to binding arbitration in Mumbai, India, in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English by a single arbitrator. Each party shall bear its own costs.
Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or internet failures.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website or Services after changes constitutes acceptance of the revised Terms. We encourage you to review this page periodically.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with any engagement letter or proposal, constitute the entire agreement between you and Smart Consultancy regarding the subject matter and supersede all prior agreements and understandings.
If you have any questions about these Terms, please contact us: