Terms of Service

1. Acceptance of Terms

By accessing and using SM Supports' services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our services.

2. Services Provided

SM Supports provides professional web development, design, and consulting services including but not limited to:

• Web Development: Custom website development using modern frameworks (Next.js, React, Wix, etc.)
• UI/UX Design: User interface and experience design services
• API Integration: Third-party service integration and custom API development
• Consulting: Technical consulting and project planning services
• Maintenance & Support: Ongoing website maintenance and technical support

Specific services, deliverables, timelines, and pricing will be outlined in individual project agreements or statements of work.

3. User Responsibilities

When using our services, you agree to:

• Provide accurate, current, and complete information during consultations and project discussions
• Respond to communications and requests in a timely manner
• Provide necessary materials, content, and resources required for project completion
• Review and approve deliverables within agreed-upon timeframes
• Make timely payments according to the agreed payment terms
• Not use our services for any illegal or unauthorized purpose
• Not attempt to reverse engineer, copy, or replicate our proprietary processes

4. Payment Terms

Payment terms will be specified in individual project agreements. General payment policies include:

• Deposits: A deposit (typically 30-50%) may be required before project commencement
• Milestones: Payments may be structured based on project milestones
• Final Payment: Final payment is due upon project completion and approval
• Late Payments: Late payments may incur interest charges or project delays
• Refunds: Refund policies will be outlined in individual project agreements

5. Intellectual Property Rights

Intellectual property ownership will be clearly defined in project agreements:

• Client-Owned Content:

  You retain ownership of all content, materials, and resources you provide to us.

• Final Deliverables:

  Upon full payment, you will receive ownership rights to the final deliverables as specified in the project agreement.

• SM Supports Property:

  We retain ownership of our proprietary tools, processes, methodologies, and pre-existing materials used in delivering services.

• Portfolio Rights:

  We reserve the right to showcase completed projects in our portfolio unless a non-disclosure agreement specifies otherwise.

6. Warranties and Disclaimers

We strive to deliver high-quality services, but certain disclaimers apply:

7. Limitation of Liability

To the maximum extent permitted by law:

• SM Supports shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount paid by you for the specific services in question
• We are not responsible for delays or failures caused by circumstances beyond our reasonable control
• You agree to indemnify SM Supports against claims arising from your use of our services

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of these limitations may not apply to you.

8. Termination

Either party may terminate services under the following conditions:

• By Client: You may terminate a project with written notice. Payments for completed work and expenses incurred remain due.
• By SM Supports: We may terminate services if you breach these terms, fail to make payments, or if continuing the project becomes impractical.
• Mutual Agreement: Both parties may agree to terminate a project at any time with mutually agreed terms.

Upon termination, you will receive all completed work to date, and payment will be due for all work performed and expenses incurred up to the termination date.

9. Confidentiality

We respect the confidentiality of your business information:

• We will not disclose confidential information shared during our engagement without your permission
• Confidential information includes business strategies, proprietary data, and sensitive materials
• This obligation continues after project completion or termination
• For sensitive projects, separate non-disclosure agreements (NDAs) can be executed

10. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of material changes by:

• Posting the updated terms on our website
• Updating the "Last Updated" date
• Sending email notifications for significant changes (when applicable)

Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

11. Governing Law and Dispute Resolution

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

Any disputes arising from these terms or our services will first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through arbitration or in the courts of Dhaka, Bangladesh.

12. Miscellaneous

• Entire Agreement: These terms, along with any project agreements, constitute the entire agreement between you and SM Supports.
• Severability: If any provision is found to be unenforceable, the remaining provisions will remain in effect.
• No Waiver: Failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign these terms without our written consent. We may assign our rights and obligations to any party.

13. Data Protection

We handle personal data in accordance with our Privacy Policy and applicable data protection laws, including the Bangladesh Personal Data Protection Ordinance 2025 and, where relevant, the GDPR and CCPA.

• Where we process personal data on your behalf as part of a project, we act as a data processor and process it only on your documented instructions.
• For engagements involving the processing of personal data, the parties may enter into a separate Data Processing Agreement (DPA) on request.
• You are responsible for ensuring you have a lawful basis to share any personal data with us and for the accuracy of the content and data you provide.
• Each party will implement appropriate technical and organizational measures to protect personal data.

14. AI & Third-Party Tools

We may use artificial intelligence (AI) and other third-party tools to assist in delivering our services (for example, to support design, development, content, and research tasks). When we do so:

• A qualified member of our team reviews AI-assisted output before it forms part of a deliverable.
• We do not submit your confidential information or personal data to third-party AI tools without your authorization.
• You are responsible for obtaining any rights or licenses required for materials you ask us to use, and for complying with the terms of any third-party tools or services integrated at your request.
• AI-generated components are provided on an "as-is" basis; ownership of final deliverables follows Section 5 (Intellectual Property Rights) upon full payment.