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Terms of Business

The terms that govern the provision of our software and services.

Last updated: August 2026

These terms of business ("Terms") govern the provision of Smartek's software and services. They should be read alongside any order form, subscription agreement or statement of work agreed between us and you ("Customer"). Where a signed agreement conflicts with these Terms, the signed agreement prevails. [This is a template and should be reviewed by a qualified solicitor before use.]

1. Definitions

"Platform" means the Smartek software made available to you; "Services" means the Platform and any related services we provide; "Customer Data" means data you or your users input into the Platform.

2. The services

We will provide the Services with reasonable skill and care and in accordance with the applicable order form. We may improve or update the Platform from time to time provided this does not materially reduce its core functionality.

3. Licence and use

Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable right to access and use the Platform for your internal business purposes. You must not misuse the Platform, attempt to gain unauthorised access, or reverse engineer it except as permitted by law.

4. Customer obligations

You are responsible for your users' compliance with these Terms, for the accuracy of Customer Data, and for keeping your access credentials confidential.

5. Fees

Fees are set out in the applicable order form. Unless stated otherwise, fees are exclusive of VAT and payable in accordance with the agreed schedule.

6. Intellectual property

We and our licensors retain all intellectual property rights in the Platform and Services. You retain all rights in your Customer Data.

7. Confidentiality

Each party will keep the other's confidential information confidential and use it only as necessary to perform under these Terms.

8. Warranties and disclaimers

Except as expressly stated, the Services are provided "as is" and we disclaim all other warranties to the fullest extent permitted by law. Any AI-assisted outputs are intended to support, not replace, professional judgement, and should be reviewed by a competent person before being relied upon.

9. Limitation of liability

Nothing in these Terms limits liability that cannot be limited by law. Subject to that, neither party is liable for indirect or consequential loss, and each party's total liability is limited as set out in the applicable order form. [Liability caps to be confirmed.]

10. Term and termination

These Terms apply for the duration set out in the order form. Either party may terminate for material breach that is not remedied within a reasonable period, or as otherwise permitted by the agreement.

11. Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

12. Contact

Smartek, 42 Clarendon Road, Watford, WD17 1JJ — legal@smartek.com.