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Terms & Conditions

Service Agreement & User Guidelines

By using Smart Pictorial’s services, you agree to adhere to our Service Agreement & User Guidelines. These guidelines outline your rights and responsibilities while engaging with our offerings, ensuring a transparent and collaborative experience. Please read carefully to understand how we operate and how we protect your interests as our valued client.

Last updated 1st Nov 2024

Terms & Conditions

By engaging with Smart Pictorial’s services, you agree to comply with the terms and conditions outlined in this agreement. These terms ensure clarity, mutual respect, and a commitment to excellence across all our projects and services.

1. Creative Ownership and Intellectual Property Rights

Our team at Smart Pictorial includes experienced designers, developers, and strategists dedicated to delivering original, high-quality digital solutions. Each project we produce is the intellectual property of the client upon project completion, unless otherwise specified. Clients gain full ownership rights to their final approved design or content, which is created uniquely for them and free from third-party replication.

Transfer of Rights: Ownership of the design and related intellectual properties will be officially transferred to the client following full payment and approval. If a client wishes to assign their rights to another party, a written request must be sent to info@smartpictorial.com.

2. Design Authenticity

At Smart Pictorial, we take pride in producing original, ethical, and authentic works. We do not copy or replicate design elements from other sources; instead, we research for creative inspiration and build designs from scratch, ensuring each concept is tailored to the client’s unique vision.

Uniqueness Guarantee: Smart Pictorial guarantees that every design is crafted exclusively for each client, with no replication of past work or designs from competitor sources. Each project is created with a commitment to originality and creativity, ensuring clients receive unique and professional results.

3. Right to Refuse Service

Smart Pictorial reserves the right to decline certain projects if they do not align with our brand values, legal requirements, or creative vision. We may choose to refuse a project for reasons that may include (but are not limited to) ethical concerns, legal limitations, or capacity constraints. If we decide not to proceed with a project, Smart Pictorial is not obligated to disclose the reason behind the refusal.

4. Modifications and Revisions

To ensure clients are satisfied with their final product, Smart Pictorial offers a reasonable number of revisions based on the project agreement. Clients are encouraged to provide clear feedback within the stipulated timeframe for modifications. Excessive or significant changes outside the agreed scope may incur additional fees, which will be discussed and confirmed before proceeding.

Scope of Revisions: Revisions will be limited to the original project specifications. Additional changes beyond the initial brief or creative direction may be considered a new project and priced accordingly.

5. Payment Terms and Refund Policy

Smart Pictorial offers transparent pricing, with payment terms agreed upon before project initiation. Payments are typically structured in installments, with a deposit due upfront and the remaining balance upon project completion.

Refund Policy: Given the nature of digital design and marketing services, refunds may only be issued if a project has not yet commenced or if Smart Pictorial is unable to fulfill the services due to internal constraints. Once work has started, refunds may not be available, but exceptions may apply on a case-by-case basis.

6. Liability and Indemnification

Smart Pictorial is dedicated to delivering high-quality services but is not liable for damages or losses resulting from the use of designs or content provided to clients. Clients assume full responsibility for how the final products are used. Smart Pictorial is also not responsible for any legal issues arising from third-party use or misuse of the delivered assets.

Indemnification: Clients agree to indemnify and hold Smart Pictorial harmless from any claims, damages, or liabilities resulting from misuse of the services provided.

7. Confidentiality and Data Protection

Smart Pictorial respects client confidentiality and is committed to protecting personal data. Any information shared with us during project collaboration is stored securely and used only for project-related purposes, as per our Privacy Policy.

Non-Disclosure Agreement (NDA): Upon request, Smart Pictorial is willing to sign an NDA to ensure that sensitive client information remains confidential.

8. Termination of Service

Either party may terminate the service agreement with notice if the other party breaches the agreed terms. Smart Pictorial reserves the right to halt project work if payment terms are not met or if client behavior is deemed disrespectful or obstructive to project completion.

9. Changes to Terms and Conditions

Smart Pictorial may update these Terms and Conditions periodically. Any changes will be posted on our website, and clients are encouraged to review this page every 6-12 months for updates. Continued use of our services after an update indicates acceptance of the revised terms.


Contact Information

If you have any questions or require further clarification on these Terms and Conditions, please contact us:

When you engage with Smart Pictorial, you gain ownership of the final work produced, provided all payment obligations are met. This ownership includes all designs, content, and materials created specifically for your project. However, it is essential to understand that while you have the rights to use and distribute the final deliverables, Smart Pictorial retains the right to showcase these works in our portfolio or for promotional purposes unless otherwise agreed upon. If you wish to transfer these rights or if you have specific concerns regarding ownership, it’s advisable to communicate directly with our team. We are committed to ensuring clarity and mutual understanding about intellectual property rights to maintain a positive working relationship.

At Smart Pictorial, we strive to ensure that clients are satisfied with their final products. Typically, we provide a specified number of revisions as outlined in the project agreement. These revisions are intended to refine and improve the design based on your feedback while remaining within the original project scope. Clients are encouraged to provide clear and constructive feedback to facilitate the revision process. However, if the requested changes go beyond the agreed-upon scope or if additional rounds of revisions are needed, extra charges may apply. We recommend discussing these requests early in the project to avoid misunderstandings. The goal is to deliver a final product that meets your expectations while adhering to the timelines set forth in our agreement.

Yes, Smart Pictorial reserves the right to refuse service for various reasons. This may include projects that do not align with our brand values, ethical standards, or legal guidelines. Additionally, we may decline to take on projects that involve illegal activities, hate speech, or other harmful content. If a project is deemed unsuitable, we will inform the client and are not obligated to provide an explanation. Our primary aim is to maintain a high standard of integrity and professionalism in our work. Clients are encouraged to communicate openly about their project needs and expectations to ensure a clear understanding of what we can and cannot undertake.

Smart Pictorial follows a clear payment structure outlined in our agreements. Generally, a deposit is required upfront before project initiation, with the remaining balance due upon completion and approval of the final deliverables. This payment structure helps secure your commitment and allows us to allocate resources effectively. As for refunds, due to the nature of digital services, we typically do not offer refunds once work has commenced. However, if a project is canceled before any work begins, a full refund of the deposit may be provided. In special cases where the services do not meet the agreed-upon specifications, clients can discuss potential resolutions with our team. We aim to ensure that clients feel satisfied with their investment.

 

At Smart Pictorial, we take privacy and data security seriously. We implement various security measures to protect personal information and project-related data from unauthorized access, theft, or misuse. All client data is stored securely, and access is restricted to authorized personnel only. We adhere to applicable data protection laws and regulations, ensuring your information is handled responsibly. Furthermore, we may request that clients refrain from sharing sensitive information in public forums or unsecured channels. Clients can also request a copy of our privacy policy for detailed insights into how we manage and protect their data. Our commitment is to maintain a trustworthy environment for all client interactions, ensuring confidentiality and security throughout our partnership.