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Terms & Services

Terms and Services for Smark Consulting, LLC

Effective Date: July 15, 2023

These Terms and Services ("Terms") govern your use of the services provided by Smark Consulting, LLC ("Smark Consulting," "we," or "us"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our services.

  1. Scope of Services

Smark Consulting provides sales and marketing consulting services to clients seeking to enhance their sales and marketing strategies. Our services may include, but are not limited to, market research, brand development, marketing planning, lead generation, customer acquisition, digital marketing, and sales training.

  1. Client Responsibilities

2.1 Information and Cooperation: As a client, you agree to provide accurate and complete information relevant to the engagement of our services. You also agree to cooperate with Smark Consulting in a timely manner, providing any necessary assistance, documents, and access to information or resources required for the successful delivery of our services.

2.2 Compliance: You are responsible for complying with all applicable laws, regulations, and industry standards related to your business operations and the use of our services.

  1. Service Engagement and Fees

3.1 Service Agreement: The engagement of our services will be governed by a separate service agreement or statement of work (SOW) that outlines the specific details, scope, and deliverables of the project. The service agreement or SOW may include provisions regarding project timeline, payment terms, termination, and other relevant terms.

3.2 Fees: Our fees for services rendered will be as agreed upon in the service agreement or SOW. Unless otherwise stated, all fees are exclusive of taxes, and you are responsible for any applicable taxes imposed on the services provided.

3.3 Payment: Payment terms will be specified in the service agreement or SOW. Unless otherwise agreed, invoices are due upon receipt. Late payments may incur additional charges or result in the suspension or termination of services.

  1. Intellectual Property

4.1 Ownership: Smark Consulting retains all intellectual property rights to any materials, reports, methodologies, tools, or other deliverables provided to you as part of our services. You are granted a non-exclusive, non-transferable license to use such materials solely for your internal business purposes, unless otherwise agreed upon in writing.

4.2 Confidentiality: Both parties agree to maintain the confidentiality of any non-public information shared during the course of the engagement. Confidential information includes, but is not limited to, trade secrets, business strategies, client data, and proprietary methodologies. Confidential information shall not be disclosed to any third party without the written consent of the disclosing party, except as required by law.

  1. Limitation of Liability

5.1 Exclusion of Damages: Smark Consulting shall not be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the services provided, even if advised of the possibility of such damages. This limitation of liability applies to any claims, whether based on contract, tort, or other legal theory.

5.2 Total Liability: In no event shall Smark Consulting's total liability to you exceed the fees paid by you for the specific services that gave rise to the claim during the twelve (12) months preceding the event giving rise to the liability.

  1. Termination

6.1 Termination by Either Party: Either party may terminate the engagement of services upon thirty (30) days written notice to the other party. Termination shall not relieve you of your obligation to pay any fees owed for services rendered before the termination date.

6.2 Termination for Cause: Smark Consulting may terminate the engagement immediately if you fail to comply with these Terms or the terms outlined in the service agreement or SOW, or if you engage in any conduct that may harm our reputation or interests.

  1. Governing Law and Dispute Resolution

7.1 Governing Law: These Terms and any disputes arising out of or in connection with our services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

7.2 Dispute Resolution: Any disputes arising from the services provided shall be resolved through good faith negotiations. If the parties are unable to reach a resolution, the dispute shall be submitted to binding arbitration by a single arbitrator with The American Arbitration Association in accordance with its then existing rules of practice and procedure. Any arbitration hearing pursuant to this section shall take place in Tampa, Florida. The decision of the arbitrator(s) shall be final and binding on both parties.

  1. Modifications to the Terms

We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our services after the posting of the updated Terms constitutes your acceptance of the modified Terms.

  1. Contact Us

If you have any questions or concerns regarding these Terms and Services, please contact us:

Smark Consulting, LLC Address: 

4735 Willow Drive, Tampa, FL 34639

Email: hello@smarkconsulting.com

Phone: (813) 444-3482

By using our services, you acknowledge that you have read, understood, and agreed to these Terms and Services.