Terms of Service

Last updated: March 30, 2025

1. Introduction

These Terms of Service ("Terms") govern your use of services provided by SmartFM Group LTD ("SmartFM," "we," "our," or "us"), a company registered in England and Wales. By accessing our website or using our services, you agree to these Terms.

2. Services

SmartFM provides facilities management services, including but not limited to:

  • CAFM & CMMS implementation and support
  • Compliance management
  • Energy optimization
  • Project support
  • Maintenance services

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice.

3. Client Obligations

As a client, you agree to:

  • Provide accurate and complete information
  • Maintain the confidentiality of any access credentials
  • Use our services in compliance with applicable laws
  • Grant necessary access to facilities and systems
  • Pay agreed fees within the specified timeframe
  • Cooperate reasonably with our staff and contractors

4. Fees and Payment

4.1 Our fees are as agreed in the service contract or proposal.

4.2 Payment terms are 30 days from invoice date unless otherwise specified.

4.3 Late payments may incur interest at 8% plus the Bank of England base rate.

4.4 All fees are exclusive of VAT unless otherwise stated.

5. Intellectual Property

5.1 All intellectual property rights in our services, including software, reports, and methodologies, remain our property.

5.2 Clients receive a non-exclusive, non-transferable license to use deliverables for their internal business purposes.

5.3 Any client-provided materials remain the client's property.

6. Confidentiality

6.1 Both parties agree to maintain the confidentiality of any proprietary information shared during service delivery.

6.2 This obligation survives the termination of services.

6.3 Exclusions apply to information that becomes public through no fault of the receiving party.

7. Liability

7.1 Our liability is limited to the fees paid for the relevant services in the 12 months preceding a claim.

7.2 We do not exclude liability for:

  • Death or personal injury caused by negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded by law

8. Insurance

8.1 We maintain appropriate professional indemnity and public liability insurance.

8.2 Certificates of insurance are available upon request.

9. Termination

9.1 Either party may terminate services with written notice as specified in the service agreement.

9.2 Immediate termination is permitted for material breach or insolvency.

9.3 Upon termination, all outstanding fees become immediately payable.

10. Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including but not limited to acts of God, war, pandemic, or government action.

11. Data Protection

11.1 We process personal data in accordance with our Privacy Policy and UK data protection laws.

11.2 Where we process data on your behalf, appropriate data processing agreements will be put in place.

12. Governing Law

These Terms are governed by English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services constitutes acceptance of modified Terms.

14. Contact Information

For any questions about these Terms, please contact us:

SmartFM Group LTD
4th Floor, Silverstream House
45 Fitzroy Street
London, W1T 6EB
Email: [email protected]