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Legal

Terms of Service

Terms and conditions governing your use of our services.

Last updated: January 1, 2024

1. Agreement to Terms

By accessing or using the services provided by Swash Group Limited ("Swash Digital," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Services

Swash Digital provides digital consulting, product development, web design, and related services. The specific scope, deliverables, and terms of each engagement will be outlined in a separate Statement of Work or proposal document.

3. Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information necessary for project execution
  • Respond to requests for feedback and approvals in a timely manner
  • Ensure you have the rights to any materials you provide for use in projects
  • Pay invoices according to agreed-upon terms

4. Intellectual Property

Client Materials

You retain ownership of all materials you provide to us. You grant us a license to use these materials solely for the purpose of delivering the agreed services.

Deliverables

Upon full payment, you will own the final deliverables created specifically for your project, except for:

  • Pre-existing materials and tools owned by Swash Digital or third parties
  • Open-source components subject to their respective licenses
  • General knowledge, skills, and techniques developed during the engagement

Portfolio Rights

Unless otherwise agreed in writing, we reserve the right to display completed work in our portfolio and marketing materials.

5. Payment Terms

  • Payment terms will be specified in individual proposals or Statements of Work
  • Standard terms are 50% deposit upon project commencement, with the balance due upon completion
  • Late payments may incur interest at 1.5% per month or the maximum rate permitted by law
  • All fees are quoted in Canadian Dollars unless otherwise specified

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement. This obligation survives the termination of any agreement.

7. Limitation of Liability

To the maximum extent permitted by law, Swash Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

Our total liability for any claims arising from services shall not exceed the amount paid by you for the specific services giving rise to the claim.

8. Warranties

We warrant that services will be performed in a professional manner consistent with industry standards. We do not warrant that deliverables will be error-free or that they will meet all of your requirements unless specifically stated in the project scope.

9. Termination

Either party may terminate an engagement with 30 days written notice. Upon termination:

  • You will pay for all work completed up to the termination date
  • We will deliver all completed work and work-in-progress materials
  • Any deposits for work not yet performed will be refunded, less reasonable administrative costs

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any disputes shall be resolved in the courts of Ontario.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services constitutes acceptance of modified terms.

12. Contact

For questions about these Terms, please contact us: