The following terms and conditions govern all use of the smoothcontract.com website and all content, services available or through the website. The website is owned and operated by Smooth Contract Limited (“smoothcontract”). The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, smoothcontract's privacy policy) and procedures that may be published from time to time on this site by smoothcontract (collectively, the “agreement”).

Please read this agreement carefully before accessing or using the website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Your smoothcontract account

If you signup for an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify smoothcontract of any unauthorised uses of your account or any other breaches of security. smoothcontract will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Trial Period

All new accounts with smoothcontract qualify for a 90 day trial period. Trial accounts may select any of our pricing plans and receive the full benefits of that plan for a period of 90 days without charge. After 90 days if you have not cancelled your account or suspended billing your card will be billed on a monthly basis for continued usage of smoothcontract.

Card details must be supplied to setup your trial account. This helps us to reduce fraud and prevent any interruption in service should you wish to continue using smoothcontract after the free trial period. Your card details will be verified but you will not be charged during the trial period.

If you do not wish to be charged for using smoothcontract you must either cancel your account or suspend billing before the end of your 90 day trial period. We will notify you via email when you are nearing the end of your trial period. Any trial accounts that do not have valid credit card payment details supplied (or have suspended billing) will expire at the end of the trial.

Expired trial accounts will be held for a further 30 day grace period with read only access to any information you may have entered. You may use this grace period to export or save any information you wish to preserve. At the end of this grace period your account and all associated information, files and images will be deleted without warning and will not be recoverable.

Expired accounts may be activated during the grace period by entering valid credit card payment details. Your account will still be deleted at the end of the grace period if we fail to collect payment using the supplied credit card.

Existing account holders are not eligible for trial accounts. Only one trial account is normally permitted per user. If you wish to trial smoothcontract again or for an extended period please contact us and we may be able to arrange this.

Payment

Payment must be made online using a valid UK credit or debit card. Accounts will be billed monthly in advance (subject to VAT) at the prevailing rate for the currently selected price plan. Your next billing date is shown with your account details within the smoothcontract application. You are entitled to use the smoothcontract application for one month after making a successful credit card payment. We will continue to take monthly payments using the supplied card details until you cancel your account, suspend billing or payment fails.

In the event of a failed payment we will notify you via email and make a further attempt to collect payment 5 days later. In the event of this second attempt failing we will notify you again and make another attempt after a further 5 days. In the event of the third attempt also failing your account will lapse. You may continue to use your account in full until 10 days after your original billing date.

Lapsed accounts will be held for a 60 day grace period (from your original billing date) with read only access to any information you may have entered. You may use this grace period to export or save any information you wish to preserve. At the end of this grace period your account and all associated information, files and images will be deleted without warning and will not be recoverable.

Lapsed accounts may be reactivated during the grace period by entering valid card payment details. Your account will still be deleted at the end of the grace period if we fail to collect payment using the supplied card details.

Full access to your account will be restored immediately on successful payment collection. Only the account administrator may view or amend card details.

Plan Selection

You must select a price plan for your account (either active or trial account). Each price plan enforces various limits on your account, this allows us to apply tiered pricing according to the needs of each account holder. You may change your price plan at any time subject to the new plan being sufficient for your current level of usage. You may not change to a plan if any of the limits for that plan are currently exceeded by your account.

Active accounts will be charged in full for the currently chosen plan on your billing date. Price plans are not charged on a pro-rata basis. You may change your price plan any number of times during your billing period. If you choose to change your plan after a failed payment, we will attempt payment again using the new plan selection.

We reserve the right to amend or withdraw any of our price plans at any time subject to reasonable notice via our website.

Cancellation

You may choose to cancel your account with smoothcontract at any time. On cancellation we will immediately delete all account details and any associated files or images and these will not be recoverable. Cancelled accounts are not eligible for a refund.

Alternatively you may wish to suspend billing on your account. This will remove all credit card details from your account and you will not be billed on your next billing date. Your account will then lapse 10 days after your billing date and will remain available in a read only state for a 60 day grace period as described above.

Intellectual Property

This agreement does not transfer from smoothcontract to you any smoothcontract or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with smoothcontract. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any smoothcontract or third-party trademarks.

Changes

smoothcontract reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. smoothcontract may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.

Disclaimer of Warranties

The website is provided “as is”. smoothcontract and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither smoothcontract nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will smoothcontract, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

• any special, incidental or consequential damages;
• the cost of procurement or substitute products or services;
• for interruption of use or loss or corruption of data; or
• for any amounts that exceed the fees paid by you to smoothcontract under this agreement during the twelve (12) month period prior to the cause of action. smoothcontract shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless smoothcontract, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the website, including but not limited to your violation of this agreement.