Effective Date: 11/27/2024
These Terms and Conditions:
(“Terms”) govern the use of the services and website of SmartFix Vet Solutions (“we,” “our,” “us”), including all the services, content, and materials provided by SmartFix Vet Solutions. By accessing or using our website or services, you (“Client” or “you”) agree to be bound by these Terms. If you do not agree to these Terms, you should not use our website or services.
Services Provided:
SmartFix Vet Solutions provides marketing and related services to veterinary businesses and professionals. These services may include, but are not limited to:
Digital marketing (SEO, paid search, social media management), Website design and development, Brand strategy and consulting, Email marketing campaigns, Analytics and reporting.
The scope of services will be outlined in the specific agreement between SmartFix Vet Solutions and the Client.
Use of Our Website:
By using our website, you agree to comply with all applicable laws and regulations. You may only use our website for lawful purposes and must not:
Violate any applicable local, state, or national laws or regulations. Attempt to interfere with the operation of our website or services through the use of viruses, malware, or other harmful technology. Engage in any activity that could harm, disable, overburden, or impair the functioning of the website.
Client Responsibilities:
As a Client, you agree to:
Provide accurate, up-to-date, and complete information necessary for SmartFix Vet Solutions to provide the services. Respond promptly to requests for approvals, feedback, or materials needed to perform the services. Ensure that any content provided to SmartFix Vet Solutions (including logos, images, text, and other media) is legally owned or licensed by you. Maintain the confidentiality of your login credentials or any access information to our services.
Payment Terms:
Fees: The fees for services provided by SmartFix Vet Solutions will be specified in the individual service agreement. Payments are due in accordance with the payment schedule outlined in the agreement. Late Payment: If payment is not received by the due date, SmartFix Vet Solutions reserves the right to suspend or terminate services until full payment is made. Late payments may also be subject to additional charges or interest as specified in the service agreement. Refunds: Refunds will be handled on a case-by-case basis, as outlined in the individual agreement between SmartFix Vet Solutions and the Client. Generally, payments are non-refundable once services have been provided.
Intellectual Property:
Client Content: You retain ownership of any content or materials that you provide to SmartFix Vet Solutions for use in connection with our services, such as text, images, and branding materials. SmartFix Vet Solutions Content: All content, logos, trademarks, designs, and materials provided by SmartFix Vet Solutions, including but not limited to marketing strategies, website designs, and digital assets, are the intellectual property of SmartFix Vet Solutions and are protected by copyright and trademark laws. Licenses: Upon full payment for the services, SmartFix Vet Solutions grants the Client a limited, non-exclusive, and non-transferable license to use the deliverables created by SmartFix Vet Solutions solely for the purposes outlined in the service agreement.
Confidentiality:
Both parties agree to keep confidential any proprietary or sensitive information that is disclosed during the course of the services, unless required by law. This includes but is not limited to client data, business strategies, and financial information.
Limitation of Liability:
No Warranty: SmartFix Vet Solutions makes no representations or warranties regarding the results of any services, including but not limited to the effectiveness of marketing campaigns, SEO performance, or website traffic. Limitation of Liability: In no event will SmartFix Vet Solutions be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or business opportunities arising out of or in connection with the use of our services, even if we have been advised of the possibility of such damages. Maximum Liability: Our maximum liability for any claim arising under these Terms will not exceed the total amount paid by you to SmartFix Vet Solutions for the specific services giving rise to the claim.
Termination:
Either party may terminate the services at any time with written notice. Upon termination:
Client Obligations: The Client will be responsible for paying for any services rendered up until the termination date. SmartFix Vet Solutions Obligations: SmartFix Vet Solutions will deliver all completed deliverables and any outstanding work as of the termination date.
Termination does not affect any accrued rights or obligations as of the termination date.
Indemnification:
You agree to indemnify and hold harmless SmartFix Vet Solutions, its employees, agents, and partners from and against any claims, losses, liabilities, and expenses, including legal fees, arising out of or in connection with your use of our services, your breach of these Terms, or any content you provide to us.
Privacy and Data Protection:
Your use of our services is also governed by our [Privacy Policy], which outlines how we collect, use, and protect your personal and business data. By using our services, you consent to the data practices described in our Privacy Policy.
Governing Law and Dispute Resolution:
Governing Law: These Terms shall be governed by and construed in accordance with the laws of The United States of America, without regard to its conflict of law principles. Dispute Resolution: Any disputes arising out of or related to these Terms shall be resolved through binding arbitration in The United States of America, unless the parties agree to another form of dispute resolution. Both parties agree to make a good faith effort to resolve any issues prior to seeking legal action.
Amendments to the Terms:
SmartFix Vet Solutions reserves the right to modify or revise these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. We encourage you to review these Terms periodically. Continued use of our services after any such changes constitutes your acceptance of the revised Terms.
Miscellaneous:
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement:
These Terms, along with any other agreements or policies referenced herein, constitute the entire agreement between SmartFix Vet Solutions and the Client regarding the use of our services.