Swifts Creative & Marketing Agency shall provide the services using all reasonable care and skill in accordance with these conditions and the terms contained in the Application and relevant Service Plan. Any dates specified by us for delivery of the Services (and or products) and intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.
The Client shall:
Be responsible for the selection of the services and for the results obtained from them.
Supply Swifts Creative & Marketing Agency with all such information and material as we may reasonably require in order to provide the services;
Comply with all reasonable instructions from Swifts Creative & Marketing Agency
Not use or permit others to use the Services for any improper, immoral, fraudulent or unlawful purposes or process or permit others to process material which is offensive, obscene, pornographic, defamatory, menacing or which may cause annoyance or anxiety to any person or bring Swifts Creative & Marketing Agency or the other Services into disrepute, or process or permit others to process any message or virus which causes or is likely to cause harm to Swifts Creative & Marketing Agency, or any third parties’ systems, or to transmit any unsolicited advertising material;
Not use the Services in a way which could cause it to be interrupted, damaged or otherwise impaired or which violates Swifts Creative & Marketing Agency rights (including intellectual property rights) or those of any third party (including but not limited to copyright, trademarks, confidence, privacy or other rights);
Fees and payments
You agree to pay Swifts Creative & Marketing Agency agreed fees periodically to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent contract. Swifts Creative & Marketing Agency may change the periodic fees in accordance with procedures established by our search providers and publishers from time to time upon notifications. All monthly fees are due at the end of each calendar month.
Invoices are delivered on or about the 15th of each month unless otherwise. Payment is due by the last day of that month or as agreed on in our contracts. Our Service may be paused if payment has not been made by payment due date; re-initiation fees may apply.
Representations and Warranties; License and Grant of Rights
You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all Kenyan laws and regulations.
Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trademark, patent, invention or any other nondisclosure rights of any third party.
You indemnify and hold harmless Swifts Creative & Marketing Agency against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trademark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party.
To the full extent of the law, you will pay any expenses or damages to Swifts Creative & Marketing Agency resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.
You acknowledge and agree that Swifts Creative & Marketing Agency makes no specific guarantee or warranty regarding the search providers and publishers to which it submits advertising on your behalf, including placement of paid search advertising or any specific results.
Swifts Creative & Marketing Agency does not warrant the number of calls, clicks, impressions or website visits or that paid search advertising will appear in response to any particular query.
Swifts Creative & Marketing Agency does not warrant that the performance will be error-free but will immediately act to correct errors once they have been identified.
Disclaimer of Warranties
To the maximum extent permitted by applicable law, Swifts Creative & Marketing Agency and its suppliers disclaim all warranties not expressly set forth in this document, whether express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to Swifts Creative & Marketing Agency services (and or products).
Swifts Creative & Marketing Agency may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.
This Terms and Conditions of Service represent the parties’ entire agreement with regard to Swifts Creative & Marketing Agency’s provision of services (and or products). Agreement with these terms and conditions is upon signature of Swifts Creative & Marketing Agency Contract or commencement of use of our Service, and it will be binding upon you and your successors.
The person signing the Contract certifies that (s)he is lawfully authorized to purchase services on behalf of your company.
Effective upon Execution
Terms and Conditions are binding on both parties on the date the Local Service Order is signed and/or payment is made.