These Terms of Service govern your relationship with Smargasy Inc (“Smargasy,” “we,” “us” or “our”) when you use this website, request information, or purchase or use any of our services. By using our website, signing a proposal or order, or continuing to receive services from us, you agree to these terms.
If you do not agree to these terms, please do not use our website or services. Certain offerings are also governed by additional agreements, including our Terms of Service for Websites, Software Service Agreement, Support & Maintenance Terms and End User License Agreement. Where a signed statement of work, order form or service-specific agreement conflicts with these terms, that document controls for the services it covers.
Effective date: September 4, 2026.
Service description. Smargasy provides digital marketing, web design and development, website hosting, business phone and VoIP services, support and maintenance plans, the Client Connect Suite business platform, AI consulting, and custom AI agents and automations, as described on our website or in a written proposal, order form or statement of work. Our current service lines include:
Third-party platforms. Many services rely on third-party platforms such as advertising networks, analytics providers, telecom carriers, payment processors and software vendors. Your use of those platforms may also be subject to their terms. We are not responsible for outages, policy changes or actions taken by third parties outside our reasonable control.
Payment. You agree to pay all fees for the services you purchase, as quoted on our website, in a proposal, or in a separate agreement. Unless otherwise stated in writing, fees are due according to the billing schedule we provide and we may suspend or terminate services for non-payment.
Term and termination. Services may be provided on a project, subscription or recurring basis depending on the engagement. Either party may terminate according to the terms in your proposal, order form or service-specific agreement. We may also suspend or terminate services for violations of these terms or for conduct that creates legal, security or operational risk.
You agree to use our services lawfully and only for legitimate business purposes. You may not use our website, hosting, marketing, phone, software or AI services to engage in activity that is unlawful, deceptive, abusive or that interferes with other customers or with the operation of our systems. Prohibited activities include, but are not limited to:
You are responsible for the accuracy of information you provide to us and for obtaining any consent required to use customer data in your CRM, marketing, messaging or AI workflows. Excessive use of hosting resources, phone capacity or platform features that materially affects service performance may result in throttling, suspension or termination.
Backup. We take reasonable steps to protect data on systems we manage, including websites, hosting environments and configured platforms. You remain responsible for maintaining your own backups of business records, website content, campaign assets and CRM data unless a written support or maintenance plan states otherwise.
Security. You are responsible for safeguarding login credentials, API keys, phone system access and any other account information connected to our services. Notify us promptly if you suspect unauthorized access. You are also responsible for configuring reasonable access controls for your staff and contractors who use Client Connect Suite, marketing tools or phone services we provide.
We provide support according to the service purchased. Project work, recurring marketing retainers, hosting, phone service, Client Connect Suite subscriptions and support plans may each include different response times and scope. Where applicable, our Support & Maintenance Terms describe coverage for ongoing technical support. We are not responsible for issues caused solely by third-party software, carrier outages, platform policy changes or modifications made by you or another vendor without our involvement.
We respect your privacy and handle personal information in accordance with our Privacy Policy. If we process personal data on your behalf through marketing, CRM, website or AI services, you represent that you have a lawful basis to provide that data and to instruct us to use it for the agreed services.
You retain ownership of content, branding, customer lists and other materials you provide to us. You grant Smargasy a limited license to use that material as needed to perform the services, including hosting content, running campaigns, configuring phone or CRM systems and deploying AI agents on your behalf. Unless otherwise agreed in writing, Smargasy retains ownership of its pre-existing tools, frameworks, templates, proprietary processes and general know-how. Deliverables created specifically for you will be addressed in your proposal, website terms or other signed agreement.
To the fullest extent permitted by law, Smargasy is not liable for indirect, incidental, special or consequential damages, including lost profits, lost leads, lost revenue, loss of data or business interruption arising from use of our services. We do not guarantee specific marketing results, search rankings, ad performance, call volumes or AI outcomes. Our total liability for any claim relating to the services will not exceed the fees paid to Smargasy for the specific service giving rise to the claim during the twelve (12) months before the event, unless a signed agreement states otherwise.
We may update these Terms of Service from time to time. When we do, we will revise the “Last updated” date at the top of this page. Your continued use of our website or services after changes are posted constitutes acceptance of the revised terms.
These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, United States. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts located in the State of Florida.
If you have questions about these Terms of Service, contact Smargasy Inc at [email protected] or (239) 214-8592. Our mailing address is 12551 New Brittany Blvd, Fort Myers, Florida 33907.
Thank you for working with Smargasy. We look forward to helping your business with marketing, websites, phone systems and AI tools that work together.
Questions about this document
Call (239) 214-8592 or email [email protected]. Smargasy Inc, 12551 New Brittany Blvd, Fort Myers, Florida 33907.