Limited Liability

SWS’s total liability to Client under this Agreement for damages, costs, and expenses shall not exceed the compensation received by SWS under this Agreement for the first three months only (if paying monthly) OR for the first twelve months service (if paying annually upfront) as per the service chosen. There have been no promises or agreements in the contracted work that will result in any sales, profits, or revenue for the client.  The contracted work and training are strictly for helping the client to develop an online presence and provide services as specified on Page 1 dependent on co-operation from client. SWS will keep all Client information confidential. Consultants from SWS will offer a high level of professionalism during all on-site and off-site interaction with the client. We can sign an NDA if required.

Expenses

SWS will be responsible for all expenses required for the performance of the contractual services. For any additional services which are elected by the client, SWS will submit a budget and client to settle payment before work commences.

Contract Term & Termination At End of Contract

This agreement is for the monthly maintenance of the client’s Digital Marketing service and the client agrees to maintain the contract for 12 months minimum after which the agreement reverts to a 1-month rolling contract; unless alternatively agreed and specified on point 3 of the client agreement. If client wishes to cancel at end of the contract term, notice must be supplied in writing 30-days before end of contract date else billing will continue and payments will be due without exception. 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 new service is at a higher fee). If new service is at a lower price, then discount will not be applicable and fees in this agreement will apply. In the event that the client terminates the contract or fails to adhere to the invoicing 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 the receipt of the notice received (after the end of contract period) must still be paid. A charge of 3% monthly compounded interest will be charged on late payments. All web codes/ digital platform provided etc by SWS will be accessible only during the contract period and for payments received. After every 24 months, SWS fees will increase by minimum of 6% to maintain the highest standard for you.

Intellectual Property Ownership

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. Example:  Sites and resources solely hosted and SWS optimized website codes, SWS systems, reputation platform etc. The CRM will work during contract period only.

Releases

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.