Terms of Service

1. Agreement to Terms

By accessing or using the services provided by SiteWave Creative ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all visitors, users, and others who access or use our services, including our website at sitewavecreative.com.

2. Services Description

SiteWave Creative provides digital marketing services, including but not limited to:

• Social media advertising management
• Google Ads campaign management
• Search engine optimization (SEO)
• Web design and development
• Software development
• Branding and graphic design
• Digital marketing consulting

The specific services provided will be outlined in individual service agreements or proposals.

3. User Obligations

3.1 Accurate Information

You agree to provide accurate, current, and complete information when using our services and to update such information as necessary to maintain its accuracy.

3.2 Prohibited Activities

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the operation of our services
• Attempt to gain unauthorized access to our systems
• Use our services to send spam or unsolicited communications
• Reverse engineer, decompile, or disassemble any part of our services
• Remove or modify any proprietary notices or labels

4. Service Agreements & Payment

4.1 Service Contracts

Specific services will be provided pursuant to separate written agreements, proposals, or statements of work that detail the scope, deliverables, timeline, and fees.

4.2 Payment Terms

Payment terms will be specified in individual service agreements. Generally:

• Payment is due according to the invoice terms provided
• Late payments may incur interest charges or late fees
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise stated in writing

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of material changes when possible.

5. Intellectual Property Rights

5.1 Company Property

The content, features, and functionality of our website and services are owned by SiteWave Creative and are protected by copyright, trademark, and other intellectual property laws.

5.2 Client-Provided Materials

You retain ownership of any materials, content, or information you provide to us. By providing such materials, you grant us a license to use them solely for the purpose of delivering our services to you.

5.3 Work Product

Ownership of deliverables and work product created under a service agreement will be specified in that agreement. Generally, upon full payment, you will receive ownership rights to final deliverables.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of any service agreement.

7. Warranties & Disclaimers

7.1 Service Warranty

We will perform our services in a professional and workmanlike manner consistent with industry standards. However, we do not guarantee specific results from our marketing services.

7.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITEWAVE CREATIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless SiteWave Creative and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of our services or violation of these Terms.

10. Term & Termination

These Terms remain in effect while you use our services. Either party may terminate a service agreement according to the terms specified in that agreement. Upon termination:

• You remain obligated to pay for services rendered prior to termination
• We will deliver any completed work product
• Confidentiality obligations continue to apply
• Provisions that by their nature should survive will survive termination

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

11.2 Informal Resolution

Before pursuing formal legal action, both parties agree to attempt to resolve any dispute through good-faith negotiation for at least thirty (30) days.

11.3 Jurisdiction

Any legal action arising from these Terms or our services shall be brought exclusively in the state or federal courts located in Bexar County, Texas.

12. General Provisions

12.1 Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and SiteWave Creative regarding our services.

12.2 Amendments

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on our website.

12.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms remain in full force and effect.

12.4 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

12.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

13. Contact Information

If you have any questions about these Terms of Service, please contact us at:

SiteWave Creative

San Antonio, Texas

Phone: (210) 245-1997

Email: hello@sitewavecreative.com