Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of Smass Global's website, services, and software applications (collectively, "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

"You" or "Client" refers to any individual, business, or entity accessing or using our Services. "We," "Our," or "Smass Global" refers to Smass Global and its affiliates.

2. Services Description

Smass Global provides comprehensive IT consultancy and technology services, including but not limited to:

• Web development and e-commerce solutions
• Mobile application development (iOS, Android, cross-platform)
• Business process automation and management systems
• API development and backend services
• IT consulting and strategic planning
• Software maintenance, updates, and technical support
• Custom software solutions for schools, healthcare, and businesses

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice. Specific project requirements, timelines, and deliverables will be outlined in separate project agreements or statements of work.

3. Account Registration and Security

3.1 Registration

To access certain Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information as necessary
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are responsible for all activities that occur under your account. Smass Global is not liable for any loss or damage arising from unauthorized use of your account.

4. Client Responsibilities

As a client using our Services, you agree to:

• Provide accurate, complete, and timely information required for project execution
• Cooperate with our team by responding to requests, providing feedback, and attending scheduled meetings
• Make timely payments according to agreed terms and project milestones
• Use our Services in compliance with all applicable laws, regulations, and industry standards
• Respect intellectual property rights and not use Services for unlawful purposes
• Not to reverse engineer, decompile, or attempt to extract our proprietary technology
• Not to share or provide access to your account credentials to unauthorized persons
• Use our Services only for lawful business purposes

5. Payment Terms

5.1 Payment Methods

We accept payments through various methods including Paystack, PayPal, and other payment gateways as specified. Payment terms will be clearly outlined in project agreements, service contracts, or invoices.

5.2 Payment Schedule

Payment schedules may include:

• Upfront payments for project initiation
• Milestone-based payments tied to project deliverables
• Recurring payments for subscription-based services
• Monthly or annual billing for ongoing services

5.3 Late Payments

Late payments may result in service suspension, interest charges, and/or project delays. We reserve the right to suspend Services until payment issues are resolved. Outstanding balances must be settled before new work commences.

5.4 Refunds

Refund policies vary by service type and will be specified in individual agreements. Generally, deposits and completed work are non-refundable. Partial refunds may be considered for work not yet initiated, subject to our discretion.

6. Intellectual Property Rights

6.1 Client Ownership

Upon full and complete payment for custom-developed work, you will own the intellectual property rights to the deliverables specified in the project agreement. This ownership transfer is subject to:

• Full payment of all outstanding invoices
• The work being unique and custom-developed for you
• Excluding pre-existing proprietary components and methodologies

6.2 Smass Global Retained Rights

We retain ownership of:

• Pre-existing intellectual property, code libraries, and frameworks
• General methodologies, processes, and best practices developed by us
• Our company name, logos, trademarks, and branding
• Technological improvements and enhancements created during your project

6.3 License Grants

For subscription-based services, we grant you a non-exclusive, non-transferable license to use our services during the active subscription period, subject to these Terms.

7. Warranties and Disclaimers

7.1 Service Warranties

We warrant that our Services will be performed in a professional manner consistent with industry standards. We provide a reasonable warranty period for deliverables, during which we will address defects and bugs at no additional cost.

7.2 Disclaimer of Warranties

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

7.3 Third-Party Services

Our Services may integrate with or rely on third-party services, tools, or platforms. We are not responsible for the availability, reliability, or performance of third-party services. Your use of such services is subject to their respective terms and conditions.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Smass Global's total liability for any claims arising from our Services shall not exceed the total amount paid by you for the specific service giving rise to the claim
• We are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, data loss, business interruption, or reputational harm
• We are not liable for any damages caused by factors beyond our reasonable control, including force majeure events, internet outages, or third-party failures
• These limitations apply regardless of the legal theory (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages

9. Indemnification

You agree to indemnify, defend, and hold harmless Smass Global, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms or applicable laws
• Your infringement of any intellectual property or other rights of any party
• Content, data, or materials you provide or transmit through our Services

10. Confidentiality

Both parties may exchange confidential information during the course of our engagement. Each party agrees to:

• Maintain the confidentiality of information marked as confidential or that is reasonably understood to be confidential
• Not disclose confidential information to third parties without prior written consent
• Use confidential information solely for the purposes of the engagement
• Return or destroy confidential information upon request at the end of the engagement

These obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

11. Termination

11.1 Termination by Either Party

Either party may terminate a project or service engagement with written notice. The notice period and requirements will be specified in individual project agreements.

11.2 Immediate Termination

We may terminate Services immediately if you breach these Terms, engage in fraudulent activity, or fail to make required payments.

11.3 Effect of Termination

Upon termination:

• All outstanding payments become immediately due and payable
• Work in progress will be delivered as-is or in accordance with the termination agreement
• Both parties' confidentiality obligations continue
• Intellectual property rights already transferred remain with you

12. Dispute Resolution

12.1 Good Faith Negotiation

In the event of a dispute, both parties agree to engage in good faith negotiations to resolve the matter amicably before pursuing legal action.

12.2 Arbitration

If negotiation fails, disputes will be resolved through binding arbitration in accordance with the rules of the arbitration body agreed upon by both parties, or as otherwise specified in the governing jurisdiction.

12.3 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Ghana, without regard to conflict of law principles.

13. General Provisions

13.1 Entire Agreement

These Terms, together with project agreements and our Privacy Policy, constitute the entire agreement between you and Smass Global regarding the Services.

13.2 Modifications

We reserve the right to modify these Terms at any time. Material changes will be notified through email or prominent website notice. Continued use of our Services after modifications constitutes acceptance of updated Terms.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.4 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

13.5 Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, or internet outages.

14. Contact Information

If you have any questions about these Terms of Service, please contact us: