Terms & Conditions
Effective Date: January 1st 2024
These Terms and Conditions (“Terms”) govern your use of services provided by Swarm Branding (“Company”, “we”, “us”, or “our”). By enrolling in any monthly service package or otherwise engaging our services, you agree to abide by the following terms and conditions.
1. Turnaround Time
Swarm Branding maintains a standard turnaround time of 48–72 hours for any changes requested under a monthly retainer agreement. Requests made after 4:30 PM or on weekends and federal holidays will be considered received on the next business day.
2. Right to Refuse Service
Swarm Branding reserves the right to refuse service to anyone, at any time, for any reason.
3. Cancellation & Termination
3.1 30-Day Notice Requirement
A 30-day written notice is required to cancel any monthly service plan. Failure to provide this notice will result in a charge equivalent to one (1) additional month of service.
3.2 Cancellation Fee
A non-refundable cancellation fee of $500 applies to all early cancellations.
3.3 Contractual Obligations
Clients under fixed-term service contracts must pay the full remaining balance of the contract upon early termination, in addition to the $500 cancellation fee.
4. Engagement & Scope of Services
By contracting with Swarm Branding, you engage us to perform ongoing website maintenance and performance-related services, including but not limited to:
- Monitoring website functionality
- Ensuring cross-platform compatibility
- Procuring necessary third-party services and equipment
- Performing corrective maintenance
- Maintaining backups and secure archives
- Providing technical support and reports
- Making minor updates and offering hosting/server assistance
- Maintaining confidentiality and secure password practices
Any work exceeding the monthly scope is subject to additional fees as outlined below.
5. Owner Responsibilities
Clients (“Owner”) are responsible for:
- Providing initial materials and information in a timely manner
- Monitoring content and submitting updates or corrections
- Maintaining password security
- Making system changes necessary to support our services
6. Payment Terms
6.1 Monthly Rate
Clients will pay a flat monthly maintenance fee (as agreed upon in the contract), which will not increase for one (1) year from the agreement date.
6.2 Additional Services
Any work outside the defined scope is billed at $95/hour. A separate agreement may be required for major revisions or redesigns.
6.3 Reimbursements
Clients will reimburse Swarm Branding for any approved out-of-pocket costs incurred for equipment or third-party services.
7. Agreement Term & Renewal
- The initial term is one (1) year unless otherwise specified.
- Agreements auto-renew for successive one-year terms unless notice is given 30 DAYs prior to the end of the current term.
- Agreements may be terminated for cause with 30 days written notice and a failure to cure the breach.
8. Confidentiality
Swarm Branding agrees to:
- Treat all client information as confidential
- Use information only as necessary to perform services
- Restrict access to personnel on a need-to-know basis
- Return or destroy all confidential materials upon termination
Exceptions include court orders or legal requirements where disclosure is necessary.
9. Maintenance Requests
- Must be submitted via email with clear instructions
- Must be reasonable and within scope
- Will be addressed within 72 hours during business days
- Urgent issues will be prioritized and resolved as quickly as possible
10. Website Problems & Security
Swarm Branding commits to:
- Minimizing disruption and scheduling routine maintenance from 8PM to 4AM
- Promptly resolving urgent and non-urgent issues
- Maintaining regular backups
- Employing industry-standard security measures to protect data
11. Independent Contractor Status
The relationship between Swarm Branding and the client is that of independent contractors. Nothing in this agreement creates a joint venture, partnership, or employment relationship.
12. Conflicts of Interest
Swarm Branding may engage in other business activities but will avoid any conflicts that interfere with its obligations to the client.
13. Indemnification
Clients agree to indemnify Swarm Branding against any claims related to the content, trademarks, or intellectual property provided by the client. Likewise, Swarm Branding will indemnify the client for damages caused by its own negligence or contractual breach.
14. Intellectual Property
- Clients retain full rights to all content and assets on their websites.
- Swarm Branding does not claim ownership over any client intellectual property.
- Clients affirm they have rights to all submitted content and materials.
15. Amendments
Swarm Branding may update these Terms at any time. Clients will be notified of significant changes and continued use of our services constitutes agreement to the revised Terms.
Contact
If you have any questions about these Terms, please contact:
Swarm Branding
support@swarmeverything.com
702-758-5591
799 Middlegate Road STE C2, Henderson NV 89011