These Terms of Service ("Terms") are a legal agreement between you ("User", "Customer", or "Partner") and SmartDevSystems ("Company", "we", "us", or "our"), governing your use of the website, software development services, SMS API, document generation and electronic signing tools, and Royalty Program provided by SmartDevSystems.

1. Acceptance of Terms

By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services. Continued use of the website, the client portal, the Partner portal, or any service after changes to these Terms take effect constitutes acceptance of those changes.

2. Services Offered

Subject to separate signed agreements, proposals, or quotations

Software Development — Custom website, mobile application, and desktop application development, tailored to client requirements.
SMS API Services — Bulk and transactional SMS delivery via our Beem Africa-powered gateway, billed per message against your credit balance.
ICT Training — Basic, professional, and intensive-workshop training programmes, delivered privately, in groups, or as consultancy.
Document Generation & Electronic Signing — Generation of invoices, quotations, proposals, and other business documents, with optional electronic signature collection as described in Section 6.
Royalty / Partner Referral Program — A referral programme allowing approved Partners to earn commission on clients they refer, as described in Section 7.

3. Payment and Pricing

Fees for services are set out in the relevant invoice, quotation, or signed agreement, and are payable by the stated method and schedule.
Published prices are indicative and subject to change without prior notice; published changes do not affect previously issued quotations.
VAT and statutory taxes are added to quoted prices at the prevailing legal rate at time of invoicing.
SMS API usage is billed against pre-funded balances; we are not liable for gateway/network carrier delivery failures.

4. User Responsibilities

You agree to provide accurate, current information when requesting quotations, registering for programs, or signing documents.
You are responsible for maintaining account confidentiality, API credentials, and email access magic links.
You must promptly notify SmartDevSystems if you suspect any account, link, or API credential compromise.

5. Intellectual Property

Unless otherwise agreed in writing (for example, in a signed software development agreement), any code, designs, documents, or other materials created during the provision of services remain the property of SmartDevSystems until payment for the relevant engagement has been received in full, at which point ownership transfers as specified in the applicable agreement. SmartDevSystems retains the right to reuse general knowledge, frameworks, and non-client-specific components developed during an engagement.

6. Electronic Signatures & Consent to Electronic Transacting

Typed or drawn signatures submitted with legal consent statements constitute valid electronic signatures equal to handwritten signatures under the Electronic Transactions Act (2016).

Using electronic signing constitutes active consent to conduct transactions electronically and receive signed documentation copies via email.

Metadata including IP address, timestamps, and verification hashes are recorded to verify document integrity and legal authenticity.

You may decline electronic signing prior to submission without automatically terminating separate existing agreements with SmartDevSystems.

7. Royalty / Partner Program Terms

Acceptance into the Royalty Program is at our discretion. Approved Partners receive a unique code and default 10% commission rate.
Partners must complete onboarding steps and provide valid disbursement details before account activation.
Commissions are calculated only on referred clients marked as "converted". Pending or lost referrals yield no commission.
Portal authentication uses one-time email magic links without permanent passwords. Partners are responsible for email security.
We reserve the right to suspend accounts, withhold payouts during investigations, or adjust rates in cases of suspected fraud or breach.

8. Termination

We reserve the right to suspend or terminate access to any service (including client, staff, and Partner accounts) at our discretion, subject to notice periods defined in signed agreements.

9. Privacy

Use of our services is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimers & Liability

Services are provided "as is". SmartDevSystems' aggregate liability is limited strictly to the total fees paid by you for the specific service giving rise to a claim.

11. Changes to Terms

We update these terms periodically. Material changes impacting active engagements or registered Partners will be notified by email where practical.

12. Governing Law

Governed by the laws of Malawi, including the Electronic Transactions Act (2016) regarding electronic signing and digital transacting.

13. Contact Information

Questions or concerns? Reach out directly to our legal and compliance team at info@smartdevsystems.com.

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

Terms of Service