Smashed Agency Terms and Conditions

Terms and Conditions for Smashed Agency

Introduction

Welcome to Smashed Agency. These Terms and Conditions (“Terms”) govern your access to and use of our website at https://smashed.agency/ and all related services, including but not limited to digital marketing, content creation, and performance marketing services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use our Services.

Definitions

In these Terms, the following definitions apply:

• “Client” refers to any individual or entity that purchases or engages our Services.
• “Content” refers to all materials, information, data, text, graphics, images, videos, and other content made available through our Services.
• “User” refers to any individual who accesses or uses our Services, including Clients and visitors to our website.
• “Intellectual Property” refers to all proprietary rights, including but not limited to trademarks, copyrights, trade secrets, and other intellectual property rights.

Services

Service Description

We provide digital marketing services including but not limited to performance marketing, content creation, social media management, search engine optimization, paid advertising management, and e-commerce optimization for businesses in India and globally.

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

Account Registration and Client Responsibilities

Account Creation

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for maintaining the confidentiality of your account credentials 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.

Client Responsibilities

As a Client, you agree to:

• Provide timely, accurate, and complete information necessary for the provision of our Services
• Pay all fees and charges associated with your account on time
• Comply with all applicable laws and regulations
• Use our Services only for lawful purposes

Payment Terms

Pricing and Fees

All prices for our Services are stated in Indian Rupees (INR) unless otherwise specified. We reserve the right to change our prices at any time, and such changes shall be effective immediately upon posting to our website or notification to you.

Payment Methods

We accept payments through various payment gateways, including [credit cards, debit cards, Netbanking, UPI. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for all fees associated with your order.

Taxes

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Indian taxes based on our income.

Late Payments

Invoices not paid within 20 days of the due date will accrue interest at a rate of 5% per month or the maximum rate permitted by law, whichever is less. Clients shall also be responsible for all costs incurred by us in collecting any late payments, including, without limitation, attorneys’ fees.

Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to design, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the intellectual property of Smashed Agency or our licensors and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

License to Use Our Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or internal business purposes.

Client Content

You retain all rights to any content you submit, post, or display on or through our Services (“Client Content”). By submitting Client Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Client Content in connection with providing our Services to you.

Feedback

If you provide us with any feedback or suggestions regarding our Services (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate.

User Conduct

You agree not to use our Services to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of any party
• Upload or transmit viruses, malware, or other malicious code
• Interfere with or disrupt the integrity or performance of our Services
• Harass, abuse, or harm another person
• Send unsolicited communications, promotions, or advertisements
• Attempt to gain unauthorized access to our Services or related systems

Limitations of Liability

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMASHED AGENCY, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR SERVICES.

Indemnification

You agree to indemnify, defend, and hold harmless Smashed Agency, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation of these Terms.

Term and Termination

Term

These Terms shall remain in full force and effect while you use our Services or maintain an account with us.

Termination by You

You may terminate your account at any time by contacting us at sales@smashed.agency or by following the termination procedures available in your account settings.

Termination by Us

We may terminate or suspend your account and access to our Services at any time, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Effect of Termination

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference. Please review our Privacy Policy at https://smashed.agency/privacy-policy/

Modifications to Terms

We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by updating the date at the top of these Terms and, in some cases, providing additional notification. Your continued use of our Services following the posting of updated Terms means that you accept and agree to the changes.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Indian Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Ahmedabad, India. The language of the arbitration shall be English.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Smashed Agency.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smashed Agency regarding your use of our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.