Terms of Service

Last Updated: March 1, 2025  |  Effective Date: January 1, 2024

1. Acceptance of Terms

By accessing and using this website or engaging Swyft Web Studio for any services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use this website or our services.

These Terms apply to all users, clients, visitors, and others who access or use our website or services.

2. Services

Swyft Web Studio provides the following digital services:

• Custom website and web application development (PHP, Laravel, React, WordPress)
• CRM development and integration
• E-commerce development (WooCommerce, Shopify, custom platforms)
• Search Engine Optimization (SEO)
• Digital marketing (Google Ads, social media advertising, email marketing)
• UI/UX design and brand identity
• Website maintenance and support

All service engagements are governed by a separate project proposal/agreement that, when accepted by the client, forms a binding contract between the client and Swyft Web Studio.

3. Project Proposals & Agreements

All projects begin with a written proposal outlining the scope of work, deliverables, timeline, payment schedule, and any special terms. The proposal becomes a binding agreement when:

• The client provides written acceptance (email or signed document), AND
• The initial deposit payment has been received

Any changes to the agreed scope of work must be documented in a written Change Order and may result in additional charges and/or revised timelines.

4. Client Responsibilities

To ensure successful project delivery, clients agree to:

• Provide all required content, assets, and information in a timely manner
• Designate a single point of contact for project communication
• Review and respond to deliverables within the agreed timeframe (typically 5 business days)
• Ensure all content provided does not infringe on third-party intellectual property rights
• Make payments according to the agreed schedule
• Provide accurate and complete information regarding project requirements

Delays caused by the client's failure to meet these responsibilities may result in revised project timelines and will not be considered a breach of contract by Swyft Web Studio.

5. Payment Terms

Payment terms are outlined in each project proposal. General terms include:

• All prices are in USD unless otherwise agreed
• Invoices are due within the timeframe specified in the proposal
• Late payments (beyond 7 days of due date) may incur a 1.5% monthly late fee
• Work will be paused on accounts with overdue balances exceeding 14 days
• Final deliverables will not be released until all outstanding balances are paid in full

6. Intellectual Property

6.1 Client-Owned Assets

Upon receipt of full payment, the client receives full ownership of all custom work created specifically for them, including source code, design files, and website content.

6.2 Third-Party Components

Projects may incorporate third-party open-source components, frameworks, plugins, or stock assets. These remain subject to their respective licenses (e.g., GPL, MIT). We will disclose all third-party components used in your project.

6.3 Our Portfolio Rights

Unless explicitly agreed otherwise in writing, Swyft Web Studio reserves the right to display completed projects in our portfolio, case studies, and marketing materials. We will never disclose confidential business information without consent.

7. Confidentiality

Both parties agree to maintain the confidentiality of proprietary business information shared during the course of the engagement. We are happy to sign a separate NDA if required before project discussions begin.

8. Warranties & Representations

Swyft Web Studio warrants that:

• All work will be performed with reasonable skill and care
• Deliverables will conform to the agreed specifications
• We have the right to perform the services described
• Work will not knowingly infringe on third-party intellectual property rights

We do not warrant that websites will be free from all bugs or that performance will meet any specific benchmark beyond what is explicitly agreed in the project proposal.

9. Limitation of Liability

To the maximum extent permitted by law, Swyft Web Studio's total liability for any claim arising from or related to our services shall not exceed the total amount paid by the client in the 3 months preceding the claim. We shall not be liable for indirect, incidental, consequential, or punitive damages.

10. Termination

Either party may terminate a project engagement with 14 days written notice. Upon termination:

• Client will be invoiced for all work completed to date at an agreed pro-rated rate
• Any outstanding balance must be paid within 7 days of termination
• All client-owned assets created to date will be delivered upon receipt of final payment
• Refunds, if applicable, will be processed per our Refund Policy

11. Acceptable Use

When using our website or services, you agree NOT to:

• Use our services for any illegal or unauthorized purpose
• Submit false, misleading, or fraudulent information
• Attempt to gain unauthorized access to our systems or client data
• Use our services to develop websites or applications promoting illegal activities, hate speech, adult content (without explicit agreement), or spam
• Reverse engineer or copy our proprietary systems, methodologies, or processes

12. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, government actions, internet outages, platform failures, pandemics, or other force majeure events.

13. Governing Law & Jurisdiction

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of New Delhi, India. For US clients, we will first attempt resolution via mediation before pursuing legal action.

14. Modifications to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated via website notice or email. Continued use of our services following changes constitutes acceptance of the updated Terms.

15. Contact