Smit Marketing Terms and Conditions

In short

• Every project is covered by a written proposal or agreement, which takes priority over these terms.
• You own the work once it is paid for in full. 
• Our free resources, like the HubSpot health check, are general guidance, not tailored advice.
• How we handle personal data is explained in our Privacy Policy.
  
  

1. About us

This website is run by Smit Marketing Ltd ("we", "us", "our"), a UK marketing consultancy specialising in HubSpot setup, automation, CRM and digital marketing.

• Registered in England and Wales, Company No. 16632071
• Registered office: [registered office address]
• VAT number: [VAT number, if registered]
• Email: [contact email]
• Phone: 0163 592 5118

By using this website or our services, you agree to these terms. If you do not agree, please do not use the site.

2. Using this website

You may use this website for lawful purposes only. You must not try to hack, overload, scrape, or otherwise misuse it, or upload anything harmful.

We keep the content up to date, but we cannot guarantee it is always accurate, complete or available. We may change or remove any part of the site at any time.

3. Free resources and the HubSpot health check

Our blog posts, guides, templates and free HubSpot health check are for general information. Health check scores and recommendations are generated from your answers and are not a full audit of your account.

Please do not rely on them alone for important business decisions. If you want advice specific to your setup, we offer a paid HubSpot audit.

4. Our services

Every project, retainer or training session is set out in a written proposal, statement of work or agreement ("your agreement"). It covers the scope, fees, timings and deliverables. If your agreement and these terms disagree, your agreement wins.

We carry out our services with reasonable skill and care. Timelines are estimates, and results such as leads, sales or campaign performance depend on many things outside our control, so we cannot guarantee them.

Work outside the agreed scope is quoted and agreed in writing before we start it.

5. Your responsibilities

To help us deliver on time, you agree to:

• give us the access, information and feedback we need, when we need it;
• make sure the data and content you give us is accurate and that you have the right to use it;
• make sure contacts in your CRM have been collected lawfully, with any marketing consent required;
• keep your own logins secure, and keep a backup of important data before major changes;
• pay your own subscription fees for HubSpot and any other software.

If delays on your side hold up the work, timings will move and extra time may be charged.

6. Fees and payment

• Fees are set out in your agreement and exclude VAT unless stated.
• Invoices are due within [14] days unless your agreement says otherwise.
• Projects may need a deposit before work starts. Retainers are invoiced monthly in advance.
• If payment is late, we may pause work until it is paid. We may also charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
• If you dispute an invoice, please tell us within 7 days so we can sort it out quickly.

7. Changes and cancellations

• Projects: you can cancel at any time in writing. You pay for work done up to that point and any costs we cannot recover. Deposits are non-refundable once work has started.
• Retainers: either of us can end a retainer with [30] days' written notice, unless your agreement sets a minimum term.
• Training and booked sessions: sessions moved or cancelled with less than [48 hours'] notice may be charged in full.
• Either of us can end an agreement straight away if the other seriously breaks it and does not fix the problem within 14 days of being asked.

8. Intellectual property

• Work we create for you: once you have paid in full, you own the deliverables made specifically for you, such as workflows, templates, reports and content, unless your agreement says otherwise.
• Our know-how and tools: we keep ownership of our own methods, frameworks, training materials and reusable templates. Where they form part of your deliverables, you get a licence to use them in your business.
• Your materials: you keep ownership of everything you give us (logos, content, data). You let us use it only to deliver the work.
• Our website: all content on this site belongs to us or our licensors. You may not copy or reuse it without our written permission.

We may mention you as a client, or describe the work in general terms in our portfolio, unless you ask us not to.

9. Confidentiality and data protection

We both keep each other's confidential information private, and only share it when the law requires it or the other agrees in writing. This continues after our work together ends.

How we handle personal data collected through this website is explained in our Privacy Policy.

When we work in your HubSpot account or with your contact data, you are the data controller and we act as your data processor. We only use that data on your instructions, keep it secure and delete or return it when the work ends. Where needed, we will sign a data processing agreement with you.

10. Third-party platforms and links

Much of our work runs on platforms we do not control, such as HubSpot, Google, Meta and LinkedIn. Your use of them is under their own terms. We are not responsible for their outages, errors, pricing or feature changes, or for decisions they make about your account or ads.

Our website may link to other sites. We are not responsible for their content or how they handle your data.

11. Limitation of liability

• We are not liable for indirect or consequential losses, or for loss of profit, revenue, business, opportunity or data.
• Our total liability under any agreement is limited to the fees you paid us under that agreement in the 12 months before the claim.
• We are not liable for delays or failures caused by events outside our reasonable control, such as platform outages, internet failures or illness.
• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

Our services are for businesses. If you are a consumer, your statutory rights are not affected.

12. Changes to these terms

We may update these terms from time to time. The latest version is always on this page, with the date at the top. Changes do not affect agreements already signed unless we both agree.

13. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Before going to court, we will both try to resolve any dispute through good-faith discussion.

14. Contact us

Questions about these terms? Email [contact email], call 0163 592 5118 or write to Smit Marketing Ltd, [registered office address].