IMPORTANT — PLEASE READ CAREFULLY By accessing or using the Smartstart website (www.smartstart.biz) or engaging Smartstart for any service, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions in their entirety. If you do not agree with any part of these Terms, please do not use the Website or engage our services.
1. Definitions
In these Terms & Conditions, the following words and expressions shall have the meanings assigned to them below. Terms defined in the singular include the plural and vice versa.
| Term | Meaning |
| Smartstart / We / Us / Our | Smartstart Business Solutions, a business growth consultancy operating from Chennai, Tamil Nadu, India. |
| You / Your / User | Any individual, business entity, or representative who accesses the Website, submits an enquiry, or engages Smartstart for Professional Services. |
| Website | The website accessible at www.smartstart.biz and all associated pages, sub-domains, and content therein. |
| Professional Services | The suite of business growth solutions offered by Smartstart including Sales Solutions, Brand Solutions, Digital Marketing Solutions, and Process Excellence services. |
| Engagement Letter / SOW | A Statement of Work, Engagement Letter, or equivalent written agreement signed between Smartstart and the Client governing the scope, fees, and timelines of a specific project. |
| Client | Any individual or business entity that has entered into a formal agreement with Smartstart for the provision of Professional Services. |
| Intellectual Property Rights (IPR) | All intellectual property rights including copyrights, trademarks, trade names, service marks, patents, trade secrets, and all analogous rights under any jurisdiction, whether registered or unregistered. |
| Confidential Information | Any non-public information, business data, strategies, financials, methodologies, or proprietary information disclosed by either Party in connection with the engagement. |
| Terms | These Terms & Conditions as amended or updated from time to time. |
| User Content | Any material — including text, images, audio, or video — submitted by You to the Website or to Smartstart in connection with any enquiry or engagement. |
| Force Majeure Event | Any event beyond a Party’s reasonable control including acts of God, natural disasters, war, government action, epidemics, pandemics, or failure of third-party infrastructure. |
2. General
2.1 These Terms govern your access to and use of the Website, and form the basis of any engagement with Smartstart for Professional Services. By using the Website, you represent and warrant that you have full legal capacity and authority to enter into a binding agreement under applicable Indian law.
2.2 If you are accessing the Website or engaging Smartstart on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms, and references to ‘You’ shall mean that entity.
2.3 These Terms shall be read in conjunction with any Engagement Letter or Statement of Work executed between the Parties. In the event of any conflict between these Terms and a signed Engagement Letter, the terms of the Engagement Letter shall prevail to the extent of the inconsistency.
2.4 Smartstart reserves the right to refuse service or access to the Website to any person or entity, at its sole discretion, without providing reasons.
3. Use of the Website
3.1 Permitted Use
The Website is made available for the purpose of providing information about Smartstart’s services, facilitating enquiries and consultations, and publishing thought leadership content. You may access, browse, and use the Website for these lawful purposes only.
3.2 Prohibited Use
You shall not use the Website in any manner that:
• Violates any applicable local, national, or international law or regulation;
• Is unlawful, fraudulent, harmful, threatening, abusive, obscene, defamatory, or otherwise objectionable;
• Infringes the Intellectual Property Rights of Smartstart or any third party;
• Involves the transmission of unsolicited commercial communications (spam) or any form of phishing;
• Involves the upload or distribution of malware, viruses, Trojan horses, spyware, ransomware, or any other malicious software;
• Involves systematic or automated data collection, scraping, data mining, or harvesting of any content from the Website without Smartstart’s prior written consent;
• Disrupts, overloads, or impairs the operation, security, or availability of the Website or any associated systems;
• Frames, mirrors, or embeds any portion of the Website within another site or product without Smartstart’s prior written consent;
• Attempts to gain unauthorised access to any restricted areas of the Website or to connected systems; or
• Negatively impacts Smartstart’s reputation, goodwill, or business relationships in any way.
3.3 Accuracy of Information
While Smartstart endeavours to ensure that the information on the Website is accurate and up to date, we do not warrant the completeness, accuracy, or currency of any content. The Website is for general informational purposes only and does not constitute professional advice. You should not rely on Website content as a substitute for professional consultation tailored to your specific circumstances.
4. Professional Services
4.1 Engagement
The provision of Professional Services is governed by a separate Engagement Letter or Statement of Work, which sets out the specific scope, deliverables, timelines, fees, and payment terms agreed between the Parties. These Terms apply in addition to, and do not replace, any such Engagement Letter.
4.2 Scope of Services
Smartstart currently offers the following categories of Professional Services:
• Sales Solutions: Sales Consulting, Virtual Sales Team, and Corporate Sales Training.
• Brand Solutions: Brand Consulting, Brand Communications, and Digital Assets creation.
• Digital Marketing Solutions: Performance Marketing, Social Media Management, SEO Optimisation, and Web Development.
• Process Excellence: Business Process Re-engineering, Business Process Automation, SOP & Process Mapping, and Software Implementation.
The specific deliverables within each category will be defined in the relevant Engagement Letter or SOW. Smartstart reserves the right to modify, add to, or discontinue any service offering at any time.
4.3 Client Obligations
To enable Smartstart to deliver services effectively, the Client agrees to:
• Provide accurate, complete, and timely information, materials, and access as reasonably required;
• Designate an appropriate point of contact with authority to provide instructions and approvals;
• Review and provide feedback on deliverables within agreed timelines; and
• Comply with all applicable laws and regulations in connection with the use of Smartstart’s deliverables.
Delays or failures caused by the Client’s failure to meet these obligations shall not be the responsibility of Smartstart, and may result in revision of agreed timelines or fees.
4.4 Subcontracting
Smartstart may engage qualified subcontractors or specialist partners to assist in the delivery of Professional Services. Smartstart shall remain responsible for quality and delivery, and shall ensure that any subcontractors are bound by appropriate confidentiality and quality obligations.
5. Fees, Payment, and Refund Policy
5.1 Fees
The fees applicable to any Professional Services engagement shall be set out in the relevant Engagement Letter or SOW. Fees are exclusive of applicable taxes (including GST) unless expressly stated otherwise. Smartstart reserves the right to revise its fee structure for new engagements at any time.
5.2 Payment Terms
Unless otherwise agreed in writing, the following payment terms apply:
• Invoices are payable within 15 days of the invoice date.
• A project initiation advance (typically 30–50% of the total project fee) may be required before work commences, as specified in the Engagement Letter.
• Late payments shall attract interest at 1.5% per month on the outstanding amount from the due date until actual payment.
• Smartstart reserves the right to suspend delivery of services if payment obligations are not met within agreed timelines, without prejudice to any other remedy.
5.3 Cancellation Policy
Requests to cancel an engagement must be submitted in writing to hello@smartstart.biz. The following cancellation terms apply:
• Cancellations prior to project commencement: Any advance paid will be refunded in full, less a 10% administrative processing fee.
• Cancellations after project commencement but before 50% completion: The Client shall be liable for fees proportionate to the work completed, plus a 15% cancellation fee on the remaining balance.
• Cancellations after 50% or more of the project is completed: No refund shall be applicable; the full project fee shall remain payable.
5.4 Refund Policy
Refunds, where applicable, will be processed within 10 to 15 working days of approval and credited to the original payment method. To request a refund, the Client must submit a written request to hello@smartstart.biz within 7 days of the triggering event, including the project reference, payment details, and reason for the request. Smartstart’s team will review and respond within 3 business days.
| NON-REFUNDABLE ITEMSThe following are not eligible for refund under any circumstances: services that have been fully delivered and accepted; customised deliverables approved by the Client; third-party costs incurred by Smartstart on the Client’s behalf (such as advertising spend, software licences, or domain fees); and any work completed beyond the cancellation threshold in Clause 5.3. |
6. Intellectual Property Rights
6.1 Smartstart’s Intellectual Property
All content on the Website — including text, graphics, logos, images, audio, video, data compilations, and software — is the proprietary property of Smartstart Business Solutions or its licensors and is protected under applicable Indian and international intellectual property laws.
You may view, download for personal caching purposes, and print pages from the Website for non-commercial reference only. You shall not republish, reproduce, sell, rent, sublicense, modify, or create derivative works from any Website content, or use Smartstart’s name, logo, or brand assets without prior written consent.
6.2 Ownership of Deliverables
Unless explicitly agreed otherwise in a signed Engagement Letter, the following ownership terms apply:
• Upon receipt of full payment, Smartstart assigns to the Client all rights in the final deliverables specifically created for that Client under the engagement.
• Smartstart retains ownership of all pre-existing intellectual property, methodologies, frameworks, tools, and templates used in creating deliverables. A non-exclusive, non-transferable licence to use such background IP solely in connection with the deliverables is granted to the Client.
• Smartstart retains the right to reference the engagement and use anonymised descriptions of the work in its portfolio and marketing materials, unless the Client requests otherwise in writing.
6.3 User Content
By submitting any User Content to Smartstart, you grant Smartstart a non-exclusive, royalty-free, worldwide licence to use, reproduce, and process such content solely for the purpose of responding to your enquiry or delivering the agreed services. You represent and warrant that you have all necessary rights to submit such content and that it does not infringe any third party’s rights.
7. Confidentiality
7.1 Both Parties acknowledge that in the course of an engagement, they may have access to Confidential Information belonging to the other Party. Each Party agrees to: keep all Confidential Information strictly confidential; use it solely for the purpose of fulfilling obligations under the relevant engagement; and limit access to those personnel with a genuine need to know who are bound by equivalent confidentiality obligations.
7.2 Confidentiality obligations shall not apply to information that: (a) is or becomes publicly available through no fault of the receiving Party; (b) was already known to the receiving Party at the time of disclosure; (c) is independently developed by the receiving Party; or (d) is required to be disclosed by law or a competent authority, provided reasonable prior notice is given where permitted.
7.3 These confidentiality obligations shall survive the termination or expiry of the engagement for a period of three (3) years.
8. Disclaimer of Warranties
| THE WEBSITE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Smartstart does not warrant that: the Website will be continuously available or free from errors; content is complete, accurate, or current; the Website is free from viruses or other harmful components; or that any specific results will be achieved through the use of our Professional Services. Nothing on the Website constitutes professional advice. All insights, articles, and case studies are for general informational purposes only. You should seek independent professional advice before making any business decision. |
9. Limitation of Liability
9.1 To the fullest extent permitted by applicable law, Smartstart shall not be liable to any person for any indirect, incidental, special, punitive, or consequential damages arising from or related to the use of the Website or the provision of Professional Services — including loss of profits, revenue, business opportunity, goodwill, business interruption, or loss of data — even if Smartstart has been advised of the possibility of such damages.
9.2 In the event that Smartstart is found liable for direct damages arising from a Professional Services engagement, the maximum aggregate liability of Smartstart shall be limited to the total fees actually paid by the Client in the three (3) months immediately preceding the event giving rise to the claim.
9.3 Nothing in these Terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded under applicable Indian law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Smartstart, its founders, directors, employees, agents, and partners from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to:
• Your use of the Website in violation of these Terms;
• Any User Content submitted by you that infringes any third-party rights;
• Your breach of any representation, warranty, or obligation under these Terms or any Engagement Letter; or
• Any violation of applicable law or regulation by you in connection with your use of Smartstart’s services.
11. Privacy
Your use of the Website and any data you share with Smartstart is governed by our Privacy Policy, available at www.smartstart.biz/privacy-policy, which is incorporated into these Terms by reference. By using the Website or engaging our services, you agree to the collection, use, and processing of your personal data as described in the Privacy Policy.
12. Third-Party Links and Services
The Website may contain links to third-party websites or platforms provided for convenience only. Smartstart does not endorse, control, or accept responsibility for the content, privacy practices, or availability of any third-party sites. Your use of any third-party service is at your own risk and subject to that third party’s terms.
13. Force Majeure
Neither Party shall be in breach of these Terms or any Engagement Letter, nor liable for any delay or failure to perform its obligations, if such delay or failure is caused by a Force Majeure Event. The affected Party shall notify the other Party promptly and use reasonable endeavours to mitigate the impact. If a Force Majeure Event continues for more than thirty (30) consecutive days, either Party may terminate the relevant engagement upon written notice, in which case the Client shall pay for all work satisfactorily completed prior to termination.
14. Termination
14.1 Either Party may terminate a Professional Services engagement by providing thirty (30) days’ written notice to the other Party, subject to the cancellation and refund terms set out in Clause 5.
14.2 Smartstart reserves the right to terminate an engagement immediately, without notice, if: (a) the Client breaches any material term and fails to remedy it within 7 days of written notice; (b) the Client becomes insolvent or enters liquidation; or (c) the Client engages in conduct likely to damage Smartstart’s reputation or business relationships.
14.3 Upon termination, all outstanding fees for work completed shall become immediately due and payable. Clauses relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination.
15. Modifications to These Terms
Smartstart reserves the right to amend these Terms at any time. Changes will be reflected by updating the Effective Date and Version number. Material changes will be communicated to active Clients via email. Continued use of the Website or services after any update constitutes acceptance of the revised Terms.
16. Assignment
You may not assign, transfer, or sub-contract any rights or obligations under these Terms without the prior written consent of Smartstart. Smartstart may assign its rights and obligations to any successor entity, affiliate, or acquirer and shall notify you of any such assignment.
17. Severability and Waiver
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. Smartstart’s failure to enforce any right or provision shall not constitute a waiver of that right.
18. Entire Agreement
These Terms, together with the Privacy Policy and any applicable Engagement Letter or Statement of Work, constitute the entire agreement between Smartstart and you with respect to the subject matter herein and supersede all prior discussions, representations, or agreements — whether oral or written.
19. Disputes, Governing Law, and Jurisdiction
19.1 These Terms and any engagement with Smartstart shall be governed by and construed in accordance with the laws of the Republic of India.
19.2 In the event of any dispute, the Parties shall first attempt to resolve the matter amicably through good-faith discussions within thirty (30) days of written notice.
19.3 If the dispute cannot be resolved amicably, it shall be referred to and finally resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be presided over by a sole arbitrator mutually appointed by the Parties, with the seat of arbitration at Chennai, Tamil Nadu, India. The language of arbitration shall be English.
19.4 Nothing in this clause shall prevent either Party from seeking urgent interim or injunctive relief from a court of competent jurisdiction. The courts at Chennai, Tamil Nadu, India shall have exclusive jurisdiction over all matters arising from these Terms.
20. Notices
All formal notices under these Terms shall be in writing and addressed to the contact details in the relevant Engagement Letter or to Smartstart’s details below. Notices shall be deemed effective immediately upon delivery by email with acknowledgement, or within 3 business days of dispatch by registered post or courier.
