Terms & Conditions
Effective date: February 14, 2023
TERMS AND CONDITIONS
These terms and conditions (“Terms”) constitute a legally binding agreement between you (the “Client”) and HxVDigital (“Company”), regarding the use of the services provided by the Company.
By using the services of the Company, the Client acknowledges that he or she has read, understood, and agrees to be bound by these Terms.
1. SERVICES
The Company offers social media marketing and advertising services to help the Client grow its online presence and reach its marketing objectives. These services include, but are not limited to:
2. CLIENT RESPONSIBILITIES
The Client agrees to provide the Company with all necessary information, materials, and access required to provide the services. The Client is solely responsible for the accuracy, quality, and legality of the materials provided.
The Client also agrees to comply with all applicable laws and regulations in connection with the use of the services.
3. FEES AND PAYMENT
The fees for the services provided by the Company will be specified in the contract signed by the Client and the Company. The Client agrees to pay the fees in accordance with the payment schedule specified in the contract.
If the Client fails to make a payment on time, the Company reserves the right to suspend or terminate the services.
4. INTELLECTUAL PROPERTY
The Client retains all rights, title, and interest in and to any intellectual property provided to the Company for the purposes of providing the services.
The Company retains all rights, title, and interest in and to any intellectual property created by the Company in connection with the services.
The Client agrees not to use any of the Company’s intellectual property for any purpose other than the purpose for which it was provided.
5. CONFIDENTIALITY
The Client agrees to keep all confidential information of the Company confidential and not to disclose it to any third party without the Company’s prior written consent.
6. WARRANTIES AND DISCLAIMERS
The Company warrants that it will provide the services in a professional and workmanlike manner.
The Client acknowledges that the services provided by the Company may be subject to technical limitations and that the Company cannot guarantee that the services will be error-free or uninterrupted.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR USE, INCURRED BY THE CLIENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY THE CLIENT TO THE COMPANY FOR THE SERVICES.
8. TERMINATION
Either party may terminate this Agreement for any reason upon written notice to the other party.
If the Agreement is terminated by the Client, the Company will retain any fees paid for services provided up to the date of termination.
If the Agreement is terminated by the Company, the Company will refund any fees paid for services not yet provided.
9. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the state where the Company is located.
Any dispute arising out of or in connection with these Terms shall be resolved through mediation or arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
10. ENTIRE AGREEMENT
These Terms constitute the entire understanding between the Client and the Company with respect to the services provided and supersede all prior or contemporaneous communications and proposals, whether oral or written.
No amendment or modification to these Terms shall be binding unless in writing and signed by both parties.
11. ASSIGNMENT
The Client may not assign or transfer these Terms, in whole or in part, without the prior written consent of the Company.
The Company may assign or transfer these Terms, in whole or in part, to any third party without the prior written consent of the Client.
12. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13. WAIVER
The failure of either party to enforce any provision of these Terms shall not be deemed a waiver of such provision or of the right to enforce such provision.
14. NOTICES
All notices and other communications required or permitted under these Terms shall be in writing and shall be deemed to have been given when delivered by hand, sent by email, or sent by registered or certified mail, postage prepaid, return receipt requested, to the parties at the addresses set forth in the contract.
15. SURVIVAL
The provisions of these Terms that by their nature should survive termination of these Terms shall survive such termination.
16. ACKNOWLEDGMENT
The Client acknowledges that he or she has read these Terms, understands them, and agrees to be bound by them.
17. CONTACT
If you have any questions or concerns regarding these Terms, please contact HxVDigital at :
HxVDigital@gmail.com