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Terms & Conditions

Effective Date: 9th September, 2024

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Welcome to SWS Marketing! These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our website, you agree to comply with these Terms. If you do not agree, please refrain from using our services or website.
 

1. General Terms
 

  • Eligibility: By using this website, you confirm that you are at least 18 years old or have permission from a legal guardian to use our services.
     

  • Changes to Terms: We may revise these Terms at any time. Any changes will be effective upon posting. Continued use of the website or services after modifications constitutes your acceptance of the revised Terms.
     

2. Services

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SWS Marketing provides social media marketing services, including strategy development, content creation, and management of social media campaigns. The terms of specific services will be outlined in client contracts.

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3. Client Responsibilities
 

  • Accurate Information: Clients must provide complete and accurate information for effective service delivery, including details about their business, goals, and target audience.
     

  • Communication: Timely communication is essential for the successful delivery of services. Clients must respond promptly to requests for information or feedback.
     

4. Payments and Fees
 

  • Payment Terms: Payment terms will be outlined in the client contract or invoice. Payments must be made by the due date specified. Late payments may incur interest or fees.
     

  • GST (Goods and Services Tax): All fees are exclusive of GST unless otherwise stated. GST will be charged in accordance with New Zealand tax laws.
     

  • Refund Policy: Due to the custom nature of our services, refunds are not typically provided, except as required under the New Zealand Consumer Guarantees Act 1993 or by mutual agreement.
     

5. Intellectual Property
 

  • SWS Marketing Content: SWS Marketing retains ownership of any content we create, unless otherwise agreed in writing. Upon full payment, the client is granted a non-exclusive, non-transferable license to use the content as specified in the agreement.
     

  • Client-Provided Materials: Any materials provided by the client remain the property of the client. The client warrants that they have the right to use and share any materials provided to SWS Marketing.
     

6. Confidentiality

Both parties agree to maintain the confidentiality of all sensitive information disclosed during the course of the project. Confidential information includes, but is not limited to, business strategies, financial information, and client details.
 

7. Consumer Guarantees
 

Under the Consumer Guarantees Act 1993 (CGA), New Zealand consumers have rights regarding the services provided. SWS Marketing will ensure that services are provided with reasonable care and skill, are fit for purpose, and are completed within a reasonable timeframe. If you believe our services do not meet these guarantees, please contact us to discuss a resolution.
 

8. Limitation of Liability
 

To the fullest extent permitted by New Zealand law, SWS Marketing will not be liable for any indirect, incidental, or consequential damages arising from your use of our website or services. Our maximum liability will be limited to the amount paid by the client for the services in question.
 

9. Third-Party Links
 

Our website may contain links to third-party websites or services that are not controlled by SWS Marketing. We are not responsible for the content or privacy practices of any third-party sites.
 

10. Termination
 

SWS Marketing reserves the right to terminate or suspend services if you breach these Terms or act unlawfully. Any outstanding amounts for services rendered must still be paid upon termination. Clients may also terminate services, with notice, as outlined in the service agreement.
 

11. Governing Law
 

These Terms are governed by the laws of New Zealand. Any disputes or legal claims arising from these Terms or our services will be subject to the exclusive jurisdiction of the New Zealand courts.
 

12. Dispute Resolution
 

In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiations. If a resolution cannot be reached, the dispute may be referred to mediation or arbitration in accordance with the Arbitration Act 1996.
 

13. Contact Information
 

For any questions or concerns regarding these Terms, please contact us at:
 

Email: admin@swsmarketing.co.nz
Phone: 021 170 9090
 

By using the SWS Marketing website and services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

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