Terms of Service

Effective Date: October 7, 2024

Welcome to Southwest Digital Marketing. These Terms of Service ("TOS") govern your access to and use of our website, products, and services. By purchasing or using our services, you agree to be bound by these terms. Please read them carefully.

1. Services Overview

Southwest Digital provides a range of digital marketing and web services, including but not limited to website design, web development, marketing automation, and digital advertising. Our services may be offered as one-time purchases or on a subscription/recurring basis.

2. Acceptance of Terms

By accessing or using our services, you acknowledge that you have read, understood, and agree to comply with these TOS. If you do not agree to these terms, please refrain from using our services.

3. Use of Services

You agree to use our services for lawful purposes and in a manner that does not violate any applicable laws or regulations. You agree not to:

Use our services in any way that could harm, disable, or overburden our systems.
Engage in any fraudulent activities or misuse our services.
Attempt to bypass or breach any security mechanisms related to our services.

4. Fees and Payment

All pricing for our services is listed on our website or provided in custom quotes. Fees for recurring services will be charged at the agreed-upon rate at the start of each billing cycle (e.g., monthly or annually).

Payments are due upfront for all services. For recurring services, you authorize us to charge the payment method on file for each billing period unless the service is canceled according to the cancellation policy (see Section 6).

Minimum Commitment: All recurring services require a minimum commitment of three (3) months. By signing up for recurring services, you agree to remain subscribed for at least this minimum term. After the initial three months, services will continue on a month-to-month basis unless canceled in accordance with the terms.

5. Custom Projects

For custom projects, including web development services, payment of the provided invoice will serve as the client’s acknowledgment and approval of the outlined Scope of Work (SOW). Payment confirms agreement to the project scope, timelines, and terms. Additional revisions or requests outside the original scope may incur additional charges and require a new agreement.

6. Pricing Modifications

Southwest Digital reserves the right to modify its pricing at any time, with prior notice given to clients in advance of any changes to recurring service fees.

7. No Refunds or Credits

All sales are final. Due to the nature of digital marketing services, web design, and recurring subscription services, Southwest Digital does not provide refunds, partial refunds, or credits for any services.

By making a purchase, you acknowledge and agree that all payments are non-refundable and that you are responsible for understanding the service offerings before purchase.

8. Cancellations

For recurring services, cancellations require a 30-day written notice prior to the next billing cycle. Cancellation requests submitted with less than 30 days' notice will result in service renewal for the upcoming billing cycle.

Minimum Commitment: Recurring services cannot be canceled before the initial three-month commitment period. After this minimum commitment, you may cancel at any time, subject to the 30-day notice requirement.

Upon cancellation, you will retain access to the service until the end of the current billing cycle or the 30-day period, whichever is longer. No refunds or credits will be issued for any remaining portion of the billing cycle.

9. Failure to Make Payment

Failure to make payments in accordance with these Terms of Service may result in immediate suspension or termination of services. Southwest Digital reserves the right to take the following actions in the event of missed or late payments:

Suspension of Services: If payment is not received by the due date, we reserve the right to suspend all services until full payment is received.
Termination of Services: If payment is not received within 10 days of the payment due date, we reserve the right to terminate the agreement and cease all services provided to you.
Loss of Data or Content: In the event of termination due to non-payment, Southwest Digital is not responsible for any loss of data, website content, or other materials. It is your responsibility to ensure that you have proper backups of your data.

By agreeing to these terms, you acknowledge that failure to meet the payment obligations may result in interruption or cessation of services, which may adversely affect your business operations.

10. Missed Deadlines Due to Client Actions

Southwest Digital strives to meet all project deadlines and deliverables as outlined in our agreements. However, we cannot be held responsible for missed deadlines or delays in project completion due to the following client-related actions:

Failure to Respond: Delays in responding to communication or meeting scheduling requests from Southwest Digital may affect the project timeline.
Failure to Provide Information or Resources: Failure to provide required information, content, materials, or access to systems or accounts necessary to complete the project will result in delays.
Scope Changes: If the client requests changes to the project scope after a milestone has been approved or a signoff has been provided, this may lead to timeline extensions.
Indecision or Frequent Changes: Frequent changes in direction or indecision from the client after project milestones are approved may result in delays or additional costs.

By agreeing to these terms, you acknowledge that delays caused by any of the above factors are the responsibility of the client, and Southwest Digital will not be liable for any missed deadlines as a result.

11. Intellectual Property

All content, designs, materials, and intellectual property provided by Southwest Digital remain our property unless otherwise specified. You are granted a non-exclusive, non-transferable license to use the services and materials for your personal or business use. You may not reproduce, resell, or redistribute any content or materials without our express written consent.

12. Disclaimer of Results

Southwest Digital provides digital marketing and web development services based on industry best practices and our expertise. However, we do not guarantee any specific results, outcomes, or performance from the services we provide. Results from our services may vary depending on a wide range of factors, including but not limited to market conditions, the client’s business model, competition, and customer behavior.

By purchasing our services, you acknowledge that success or performance metrics such as increased traffic, higher conversion rates, or revenue growth are not guaranteed, and you agree to not hold Southwest Digital liable for any perceived lack of success or unsatisfactory results.

13. Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. We do not guarantee that our services will meet your specific requirements or that the services will be uninterrupted, timely, secure, or error-free.

14. Limitation of Liability

To the maximum extent permitted by law, Southwest Digital shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or in connection with the use of our services.

15. Changes to Terms

We reserve the right to modify these Terms of Service at any time. If any changes are made, we will notify you via email or post a notice on our website. Your continued use of our services after any changes to these terms constitutes acceptance of those changes.

16. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts located in Texas.