Welcome to Smarter Web Agency ("we," "us," "our"). By accessing, browsing, or using our platform and services in any way, you ("you," "your," "user," "client") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our services.
1. Services
Smarter Web Agency provides digital services, software subscriptions, and related products through an online platform. Services are delivered through our platform and may utilize third-party infrastructure, application programming interfaces (APIs), and service providers to deliver functionality. By purchasing a service, you acknowledge and agree that third-party systems may be involved in the provisioning, delivery, and ongoing operation of your subscription.
2. Eligibility & Account Registration
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use our services. By creating an account, you represent and warrant that all information you provide is accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Payments & Billing
All prices are displayed in the currency shown on the storefront at the time of purchase and are inclusive of the service provider's pricing and applicable margins.
Recurring subscriptions are billed automatically at the start of each billing cycle (monthly, quarterly, biannual, or annual as selected).
You are responsible for ensuring your payment method is valid, current, and has sufficient funds available.
Failed payments may result in immediate service suspension until the outstanding balance is resolved.
Payment processing is handled by third-party payment processors (such as Stripe or PayPal). Your use of these payment services is subject to the respective processor's terms and privacy policies.
All fees are non-prorated unless explicitly stated otherwise. Upgrading a service may result in prorated charges for the remainder of the current billing period.
4. Refunds & Cancellations
Digital services that have been provisioned, activated, or delivered are generally non-refundable. One-time purchases (such as domain registrations, web design, e-SIM data packages, and social media marketing orders) are non-refundable once fulfilled. You may cancel recurring subscriptions at any time through your account dashboard; cancellation will take effect at the end of the current billing period, and no partial refunds will be issued for the remaining period. We reserve the right to issue refunds at our sole discretion on a case-by-case basis. Contact support for any billing disputes.
5. Acceptable Use
You agree not to:
Use our services for any unlawful, fraudulent, or malicious purpose.
Distribute malware, viruses, spam, or any harmful or unsolicited content.
Infringe on the intellectual property rights of any third party.
Attempt to gain unauthorized access to our systems, other users' accounts, or any connected networks.
Reverse engineer, decompile, or disassemble any part of our platform or services.
Use automated tools (bots, scrapers, crawlers) to access or collect data from our platform without express written permission.
Resell, sublicense, or redistribute services in violation of any applicable third-party terms.
Use our services in a manner that could damage, disable, overburden, or impair our infrastructure.
We reserve the right to suspend or terminate accounts that violate these terms without prior notice or refund.
6. Service Availability & Uptime
We strive to maintain high uptime and availability for all services but do not guarantee uninterrupted, error-free, or secure access. Services may be temporarily unavailable due to scheduled maintenance, software updates, infrastructure changes, or circumstances beyond our reasonable control. We are not liable for any losses, damages, or missed opportunities resulting from service downtime or interruptions.
7. Third-Party Services & Integrations
Our platform integrates with and relies on third-party service providers for certain functionality including but not limited to: payment processing (Stripe, PayPal and other processors), cloud infrastructure and hosting, domain registration services, email delivery, artificial intelligence and machine learning services, VPN providers, file storage providers, and software licensing systems. We are not responsible for the availability, performance, security, accuracy, or policies of any third-party provider. Your use of third-party services through our platform may be subject to additional terms and conditions imposed by those providers.
8. Intellectual Property
All platform content, software, code, designs, trademarks, logos, and branding are the property of their respective owners and are protected by applicable intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to use the services solely for their intended purpose during the term of your subscription. You may not copy, modify, distribute, sell, or create derivative works of any platform content or services without express written permission.
9. User Content & Data
You retain ownership of any content, data, or materials you upload or create through our services ("User Content"). By using our platform, you grant us a limited license to host, store, process, and display your User Content solely for the purpose of delivering the services to you. We do not claim ownership of your User Content and will not use it for purposes unrelated to service delivery without your consent.
10. Termination
We reserve the right to suspend, restrict, or terminate your account and access to our services at any time, with or without cause, and with or without notice, including but not limited to cases where:
You breach any provision of these Terms.
Your account is involved in fraudulent, abusive, or illegal activity.
You fail to pay outstanding fees or maintain a valid payment method.
Continued provision of services is no longer commercially viable.
Upon termination, your right to use the services ceases immediately. We are not obligated to maintain, export, or return your data following termination, though we may do so at our discretion. Any fees paid prior to termination are non-refundable unless otherwise required by applicable law.
11. Disclaimer of Warranties
ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the services will meet your specific requirements, that service operation will be uninterrupted or error-free, that defects will be corrected, or that our platform is free of viruses or other harmful components.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTER WEB AGENCY AND ITS OPERATORS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses, arising from or related to your use of or inability to use the platform or services, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages. Our total aggregate liability for all claims arising from or related to these Terms or the services shall not exceed the total amount you have actually paid to us for services during the twelve (12) months immediately preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Smarter Web Agency and its operators, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the services; (b) your violation of these Terms; (c) your violation of any rights of a third party; (d) your User Content; or (e) any fraudulent, negligent, or wrongful act or omission by you.
14. Dispute Resolution & Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of our services shall first be attempted to be resolved through good-faith informal negotiation by contacting us through the support system on this platform. If the dispute cannot be resolved informally within thirty (30) days, you and Smarter Web Agency agree that the dispute shall be resolved through binding individual arbitration administered by a recognized arbitration body in the jurisdiction of the operator, in accordance with the applicable arbitration rules and laws of that jurisdiction. Judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. You agree that any arbitration or legal proceeding shall be conducted on an individual basis only and not as a class action, class arbitration, or representative proceeding. You waive any right to participate in a class action lawsuit or class-wide arbitration against us to the extent permitted by applicable law.
15. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of United States, without regard to its conflict of law provisions. To the extent that arbitration is inapplicable or unenforceable, you consent to the exclusive jurisdiction and venue of the competent courts located in United States for the resolution of any disputes. Where local consumer protection or data protection laws of your country of residence apply on a mandatory basis, those mandatory rights remain unaffected.
16. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to: natural disasters, acts of God, war, terrorism, riots, civil unrest, government actions or sanctions, pandemics or epidemics, power outages, internet or telecommunications failures, cyberattacks, third-party service outages, labor strikes, or any other event of similar nature. During such events, our obligations shall be suspended for the duration of the force majeure event.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Smarter Web Agency regarding the use of our services and supersede all prior or contemporaneous communications, proposals, representations, and agreements, whether oral or written.
19. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
20. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
21. Modifications to Terms
We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be communicated through the platform or via the email address associated with your account. Your continued use of the platform and services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of our services.
22. Contact
For questions, concerns, or legal notices regarding these Terms of Service, please contact us through the support system available on this platform.
Privacy Policy
Last updated: September 26, 2026
This Privacy Policy describes how Smarter Web Agency ("we," "us," "our") collects, uses, shares, and protects your personal information when you access or use our platform and services. By using our services, you consent to the practices described in this policy.
1. Information We Collect
We collect the following categories of information:
Account Information: Name, email address, phone number, company name, and other details provided during registration or account setup.
Payment Information: Billing details such as credit/debit card information, billing address, and transaction history. Payment credentials are processed and stored securely by third-party payment processors (such as Stripe or PayPal) — we do not store full credit card numbers, CVV codes, or sensitive payment credentials on our servers.
Usage Data: Information about how you interact with our platform, including pages visited, features used, click patterns, service activity, browser type and version, operating system, device information, IP address, and access timestamps.
Service Data: Data generated through your use of our services, such as configurations, uploaded files, account settings, domain records, and service-specific information.
Communications: Records of your interactions with our support team, including support tickets, emails, and chat messages.
Automatically Collected Data: Information collected through cookies, web beacons, log files, and similar technologies as described in the Cookies section below.
2. Legal Basis for Processing (Where Applicable)
We process your personal information on the following legal bases:
Contractual Necessity: Processing necessary to perform the services you have requested and to fulfill our contractual obligations to you.
Legitimate Interest: Processing necessary for our legitimate business interests, such as improving our services, preventing fraud, and ensuring platform security, provided such interests are not overridden by your rights.
Consent: Where you have given explicit consent for specific processing activities, such as receiving marketing communications.
Legal Obligation: Processing necessary to comply with applicable legal requirements.
3. How We Use Your Information
To create, manage, and authenticate your account and deliver purchased services.
To process payments, issue invoices, and send billing-related communications.
To provide customer support and respond to inquiries and technical issues.
To send service notifications, security alerts, updates, and important announcements.
To monitor, detect, and prevent fraudulent activity, abuse, and security threats.
To improve our platform, services, features, and user experience through analytics and research.
To comply with legal obligations and enforce our Terms of Service.
To send promotional or marketing communications (only with your consent, where required by law).
4. Information Sharing & Third-Party Services
We do not sell your personal information to third parties. We may share your information with the following categories of recipients:
Payment Processors: Such as Stripe and PayPal, to process transactions securely.
Service Delivery Providers: Third-party platforms and APIs used to provision and deliver the services you purchase (e.g., cloud hosting, domain registration, VPN, AI tools, file storage, website builders, e-commerce platforms, and other software services).
Infrastructure Providers: Cloud hosting and server providers that host and operate our platform.
Email & Communication Providers: Services used to send transactional and notification emails.
Analytics Providers: Tools used to understand platform usage and improve our services.
Legal & Compliance: When required by law, legal process, government request, or to protect our rights, safety, or property, or that of our users or the public.
Business Transfers: In connection with a merger, acquisition, reorganization, bankruptcy, or sale of assets, your information may be transferred as a business asset.
All third-party service providers are obligated to protect your data in accordance with their own privacy policies and applicable data protection laws.
5. International Data Transfers
Your personal information may be transferred to, stored, and processed in countries other than your own, including jurisdictions where our service providers or sub-processors operate. These countries may have data protection laws that differ from those of your country of residence. By using our services, you consent to the cross-border transfer of your personal information as described in this policy. Where required by applicable law (including the GDPR, POPIA, and similar frameworks), we implement appropriate safeguards for such transfers, including standard contractual clauses, adequacy decisions, or equivalent mechanisms.
6. Data Security
We implement industry-standard technical and organizational security measures to protect your personal information, including: encryption of data in transit (TLS/SSL) and at rest, secure authentication mechanisms, role-based access controls, regular security assessments, and monitoring for unauthorized access. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your personal information, we cannot guarantee its absolute security and accept no liability for any unauthorized access or data breaches that occur despite our reasonable security measures.
7. Data Retention
We retain your personal information for as long as your account is active or as needed to provide services to you. After account closure or service termination, we may retain certain information for the following purposes:
To comply with legal, regulatory, tax, or accounting obligations.
To resolve disputes and enforce our agreements.
To prevent fraud and maintain platform security.
For legitimate business purposes such as maintaining backup archives.
When personal information is no longer needed for any of the above purposes, we will securely delete or anonymize it.
8. Your Rights
Depending on your jurisdiction, you may have the following rights regarding your personal information:
Right of Access: Request a copy of the personal information we hold about you.
Right to Rectification: Request correction of inaccurate or incomplete personal information.
Right to Erasure: Request deletion of your personal data, subject to legal obligations and legitimate business needs.
Right to Restrict Processing: Request that we limit the processing of your personal data under certain circumstances.
Right to Data Portability: Request a copy of your data in a structured, commonly used, machine-readable format.
Right to Object: Object to processing of your personal data for direct marketing or based on legitimate interests.
Right to Withdraw Consent: Where processing is based on consent, you may withdraw your consent at any time without affecting the lawfulness of prior processing.
Right to Opt Out of Marketing: Unsubscribe from marketing communications at any time using the unsubscribe link in emails or by contacting support.
To exercise any of these rights, please contact us through the support system on this platform. We will respond to your request within the timeframe required by applicable law.
9. California Privacy Rights (CCPA/CPRA)
If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):
The right to know what personal information is collected, used, shared, or sold.
The right to delete personal information held by us and our service providers.
The right to opt out of the sale or sharing of personal information. We do not sell your personal information.
The right to non-discrimination for exercising your privacy rights.
The right to correct inaccurate personal information.
The right to limit use and disclosure of sensitive personal information.
To make a request, contact us through the support system. We may need to verify your identity before processing your request.
10. European Privacy Rights (GDPR)
If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you have rights under the General Data Protection Regulation (GDPR) including all rights listed in Section 8 above. You also have the right to lodge a complaint with your local data protection authority if you believe we have not complied with applicable data protection laws. The data controller for your personal information is Smarter Web Agency, contactable through the support system on this platform.
11. Rights Under Local Privacy Laws
If you reside in a country or region with applicable privacy legislation, you may have additional or equivalent rights under your local law in addition to those listed in Section 8 above — including, where applicable, rights to access, correct, delete, restrict, object to, or port your personal information, to withdraw consent, and to lodge a complaint with your local data protection authority. Smarter Web Agency recognises and gives effect to these rights to the extent they apply to you, regardless of where you are located.
To exercise any such right, contact us through the support system on this platform. We will respond within the timeframe required by the law applicable to you, and may need to verify your identity before processing your request. Where additional country-specific provisions apply to your storefront, they are set out at the end of this Privacy Policy.
12. Cookies & Tracking Technologies
Our platform uses the following types of cookies and similar technologies:
Essential Cookies: Required for platform functionality, authentication, security, and session management. These cannot be disabled.
Functional Cookies: Remember your preferences, language settings, and customizations to improve your experience.
Analytics Cookies: Help us understand how users interact with our platform so we can improve it. These may use third-party analytics services.
Most web browsers allow you to control cookies through their settings. Disabling certain cookies may affect the functionality of our platform. By using our platform, you consent to the use of cookies as described here.
13. Do Not Track Signals
Our platform does not currently respond to "Do Not Track" (DNT) browser signals, as there is no universally accepted standard for how to interpret and respond to these signals. We will continue to monitor developments around DNT standards and update our practices accordingly.
14. Children's Privacy
Our services are not intended for, directed at, or designed to attract individuals under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that we have inadvertently collected personal information from a child under 18, we will take steps to promptly delete such information. If you believe a child has provided us with personal information, please contact us immediately.
15. Third-Party Links
Our platform may contain links to third-party websites, services, or applications that are not operated by us. We are not responsible for the privacy practices, content, or security of any third-party sites. We encourage you to review the privacy policies of any third-party services before providing them with your personal information.
16. Data Breach Notification
In the event of a data breach that affects your personal information, we will notify you and any applicable regulatory authorities as required by applicable law. Notification will be provided through the email address associated with your account and/or through a prominent notice on our platform.
17. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. Material changes will be communicated through the platform or via the email address associated with your account. The "Last updated" date at the top of this policy indicates when it was last revised. Your continued use of our services after any changes constitutes your acceptance of the updated policy.
18. Contact
For privacy-related questions, data requests, or concerns, please contact us through the support system available on this platform.
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