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SWS’s total liability to Client under our Agreement for damages, costs, and expenses shall not exceed the compensation received by SWS for the first three months only (if paying monthly) OR for the first twelve months (if paying annually in advance) as per the service chosen. SWS provides no warranties, guarantees or assurances that the service provided will result in any sales or increased profits or revenue for the client. The contracted work and training are strictly to assist the client to develop an online presence and provide services as specified on Page 1 and are fully dependent on co-operation from the client. SWS agrees to keep all Client information confidential. SWS Team members agree to offer a high level of professionalism during all on-site and off-site interaction with the client. SWS can sign an NDA if required.
SWS will be responsible for all expenses required for the performance of the contractual services provided to the client. If any additional services are requested by the client, SWS will submit a budget to the client for approval. All fees must be settled in full before commencement of any additional work.
SWS agreement is for the monthly maintenance of the client’s Digital Marketing service and the client agrees to maintain the contract for 12 FULL months (full month is considered from 1st of month from following month of service start date if commenced on a different date than 1st) minimum after which the agreement reverts to a rolling contract. This is unless alternatively agreed and specified (even if lower contract duration agreed) the 60 days’ notice to cancel will still apply. If the client wishes to cancel at end of the contract term/or anytime in future after end of the contract, notice must be supplied in writing 60 days before end of contract date else billing will continue and payments will be due without exception for that month and the following month. Within the contract period SWS allows flexibility of switching to another similar priced service or upgrading to a higher priced service (additional charges will apply if the new service is at a higher fee). If the client terminates the contract or fails to adhere to the invoice cycle before the full contract term has ended, the full-term amount for the contract term will still be due without exception. Invoices raised prior to receipt of the notice received (after the end of the contract period) must still be paid and the minimum invoice for the current month and next month will be due once the termination notice received after the end of the contract. A charge of 3% monthly compounded interest will be charged on late payments. All web codes/ digital platforms eg websites created by SWS (if complimentary) or Reputation CRMs provided will be accessible only during the contract period and for payments received. Every 24 months (if applicable), fees will increase by a minimum of 6% to maintain the highest standard for you.
SWS shall retain all copyrights, patents, trade secrets, and other intellectual property rights to the strategies that have been given to the client. These intellectual properties are not to be shared with any parties that are not a part of this contract. SWS will maintain ownership of the SWS’s resources used, for example, sites and resources solely hosted and SWS optimized website codes, SWS systems, reputation platform, complimentary websites if created etc.
Client shall obtain all necessary copyright permissions and privacy releases for materials included in the content that is given to the SWS. Client gives full permission to use all content provided to the SWS under the terms of this agreement, including photos, videos, and all other content provided to the SWS. Client shall indemnify SWS against all claims and expenses, including all legal fees, due to client’s failure to obtain such permissions or releases.
Client agrees to submit all data, information, and content to SWS in the format specified as requested by the SWS technical team.
All notices or modifications to this agreement must be in writing. Client acknowledges receipt of a copy of this client agreement and agrees to all the terms specified on both pages. This Agreement constitutes the sole and entire agreement between the parties and supersedes all other agreements, whether oral or in writing.
