Terms of Service

1. Introduction
These Terms of Service (“Terms,” “Agreement”) govern your use of the website https://smmarketingsolutions.org
(the “Site”) and the services provided by SM Marketing Solutions LLC (“Company,” “we,” “us,” or “our”).
By accessing the Site or purchasing any of our services, you agree to be bound by these Terms.
If you do not agree, please discontinue use immediately.

2. Services Provided
SM Marketing Solutions LLC provides digital and technical services including but not limited to:

• Web development
• App development
• SAP & ERP solutions
• Business analytics
• Marketing consulting
• Data analysis and software support

All services are detailed on the Site or in formal proposals, invoices, or written agreements.

3. Eligibility

By using our services, you confirm that:
You are at least 18 years old
You have legal authority to enter into binding contracts
You will use the Site and services in compliance with these Terms and applicable laws

4. Accounts & Information Accuracy

You may be required to create an account or provide information to purchase services.

You agree to:

• Provide accurate and complete information
• Keep your information updated
• Not impersonate another person
• Maintain confidentiality of your login credentials
• We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion.

5. Pricing & Payment Terms
A. Payment Methods
We accept:

• Credit/debit cards
• PayPal
• Other payment methods provided by our payment processor(s)
• All payments are processed securely by PCI-compliant third-party processors.

B. Payment Authorization

By submitting payment information, you authorize us to charge:

• The total order amount
• Any applicable taxes or fees
• Any agreed project-based or recurring fees

C. Invoices & Late Payments

Failure to pay invoices on time may result in:

• Project delays
• Suspension of services
• Late fees
• Termination of contract

We are not responsible for delays caused by unpaid or overdue balances.

6. Project Engagements & Milestones
Many of our services involve multi-step project delivery.
You agree that:

• Project timelines depend on your timely feedback and content submission
• Milestones must be approved or rejected within 10 business days
• Failure to respond may result in automatic acceptance of the milestone
• Approved milestones become non-refundable

We will deliver work according to the scope agreed upon in proposals, contracts, or order confirmations.

7. Client Responsibilities
Clients must:

• Provide accurate project requirements
• Supply content, logins, files, and approvals in a timely manner
• Respond to communications within reasonable time (3–5 business days)
• Avoid unlawful or harmful use of services
• Maintain valid payment information
• Delays caused by the client do not qualify for refunds or timeline guarantees.

8. Refunds & Returns Policy

All refund conditions are governed by our Refund & Returns Policy, which is incorporated into these Terms by reference.
You can read it at:
https://smmarketingsolutions.org/refund-and-returns-policy/

1. By purchasing services, you agree to:
2. Eligibility rules
3. Milestone acceptance
4. Non-refundable work
5. Third-party cost exclusions
6. Chargeback procedures

9. Intellectual Property
A. Company IP

All materials, tools, designs, code, methods, and content created by SM Marketing Solutions LLC remain our intellectual property until the final project is delivered and paid in full.

B. Client IP
You retain rights to:

• Content you supply
• Final deliverables after payment is complete

We reserve the right to showcase completed projects in our portfolio unless you request otherwise in writing.

10. Third-Party Tools & Services
We may use third-party platforms, plugins, APIs, software, and hosting.
We are not responsible for:

• Third-party outages
• Changes in third-party pricing or policies
• Licensing costs associated with your project

If third-party fees apply, they will be passed directly to the client.

11. Service Modifications
We may update or modify services, features, or tools at any time.

We will not be liable for any modification, suspension, or discontinuation of services.

12. Prohibited Activities
You agree NOT to:

• Attempt to reverse-engineer our systems
  
• Upload malicious software
• Use services for unlawful purposes
• Violate intellectual property rights
• Abuse support channels

Violation may result in immediate termination.

13. Disclaimer of Warranties
Our services are provided “as-is” and without warranty, including:

• No guarantee of specific
• business outcomes
• No guarantee of website or app performance
• No guarantee of uninterrupted service
• No guarantee of third-party tool availability

We do not warrant that services will meet your expectations beyond the defined scope.

14. Limitation of Liability
To the fullest extent permitted by law, SM Marketing Solutions LLC is not liable for:

• Indirect, incidental, or consequential damages
• Loss of revenue, profits, data, or goodwill
• Delays caused by third-party tools or client inaction
• Any issue arising from misuse of deliverables

Maximum liability is limited to the amount paid by the client for the specific service.

15. Indemnification
You agree to indemnify and hold SM Marketing Solutions LLC harmless from:

• Claims
• Damages
• Losses
• Legal fees

Resulting from your breach of these Terms or misuse of our services.

16. Termination
We may terminate or suspend accounts or services if:

• Payments are overdue
• You violate these Terms
• You file an unauthorized chargeback
• Fraud is suspected

Upon termination, all unpaid balances become immediately due.

17. Governing Law
These Terms are governed by the laws of the State of North Carolina, without regard to conflicts of law.
Any legal disputes must be filed in a court of competent jurisdiction in North Carolina.

18. Dispute Resolution
Before pursuing legal action or filing chargebacks, both parties agree to attempt good-faith resolution by emailing:
📧 billing@smmarketingsolutions.org

• If unable to resolve, disputes may proceed through:
• Mediation
• Arbitration
• Court (as allowed by law)

19. Changes to Terms
We may update this Agreement at any time.Updates will be posted with a revised Effective Date.
Continued use of the Site constitutes acceptance of the updated Terms.