The agreement that guides our work together

1. Acceptance of terms

These Terms of Service ("Terms") govern the provision of services by Jarwix ("we", "our", "us") to the client ("you", "your"). By signing a proposal, statement of work, or otherwise engaging Jarwix, you agree to these Terms. Additional or conflicting terms proposed by you will only apply if agreed to in writing by Jarwix.

2. Scope of services

We deliver the strategy, creative, development, and automation services described in the mutually approved scope. Requests outside the agreed scope may require a change order or amended engagement. Unless stated otherwise, services are provided on a professional services basis and not as an agency of record.

3. Your responsibilities

• Provide timely access to stakeholders, systems, and information required for delivery.
• Designate a primary point of contact empowered to approve assets, budgets, and milestones.
• Ensure any data, creative assets, or third-party materials supplied to Jarwix are owned or properly licensed.
• Comply with applicable laws, advertising standards, and platform policies for campaigns we activate on your behalf.

4. Fees and payment

• Fees are outlined in each proposal or invoice. Unless otherwise stated, project engagements require 50% upfront and 50% upon delivery; retainers are billed monthly in advance.
• Out-of-pocket costs (e.g., advertising spend, software subscriptions, stock assets) are your responsibility unless specified.
• Invoices are due within 14 days of issue. Late payments may incur a 1.5% monthly finance charge or the maximum permitted by law.
• We may pause work if invoices remain unpaid for more than 15 days past due.

5. Intellectual property

• Upon full payment, you own the final deliverables created specifically for you, excluding Jarwix pre-existing materials, frameworks, code libraries, and know-how.
• Jarwix retains ownership of working files, templates, and methodologies, but grants you a perpetual license to use deliverables internally and externally as intended.
• You grant Jarwix a non-exclusive license to display non-confidential work results in portfolios or case studies, unless you opt out in writing.

6. Confidentiality

Each party agrees to protect confidential information shared during the engagement and use it only for the purpose of delivering or receiving services. Confidential information excludes data that is public, already known to the receiving party, or independently developed without using the other party's information.

7. Data protection

Both parties will comply with applicable data protection laws. Our Privacy Policy explains how we handle personal information. When Jarwix processes personal data on your behalf, we do so as a processor and will follow your documented instructions.

8. Third-party platforms

Many services require access to third-party platforms (e.g., Meta Ads, Google, CRMs, automation tools). You are responsible for maintaining those accounts and ensuring Jarwix has the necessary rights to operate within them. Platform terms apply in addition to these Terms.

9. Warranties and disclaimers

Jarwix represents that it will perform services in a professional manner consistent with industry standards. Except for this warranty, services are provided "as is" without additional warranties, express or implied. Marketing performance is influenced by factors outside our control; we cannot guarantee specific results, rankings, or revenue outcomes.

10. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, consequential, special, or punitive damages. Jarwix's total liability arising out of any engagement will not exceed the fees paid to Jarwix under the applicable scope in the three (3) months preceding the event giving rise to the claim.

11. Term and termination

• Projects continue until deliverables are completed. Retainers renew automatically each month unless either party gives 30 days written notice.
• Either party may terminate immediately for material breach if the breach is not cured within 15 days of notice.
• Upon termination, you will pay for work performed and approved expenses incurred up to the effective termination date.

12. Non-solicitation

During the engagement and for 12 months after, neither party will solicit for employment any staff of the other party directly involved in the engagement without prior written consent. General job postings are not restricted.

13. Governing law

These Terms are governed by the laws of the State of California, USA, without regard to its conflicts of law rules. Any disputes will be resolved in the state or federal courts located in Los Angeles County, California, and both parties consent to that venue.

14. Changes to these terms

We may modify these Terms to reflect updated practices or legal requirements. We will notify active clients of substantial changes. Continuing to use our services after an update constitutes acceptance of the revised Terms.

15. Contact

If you have questions about these Terms, please reach out:

• Email: info@jarwix.com