Terms of Service
Last Updated: 04/05/2025
Welcome to Swiftly Marketing. These Terms of Service ("Terms") govern your access to and use of our marketing, creative, and consulting services ("Services"). By engaging with us, you agree to be bound by these Terms. Please read them carefully, as they form the foundation of our working relationship.
1. Acceptance of Terms
By accessing or using our Services, signing a proposal, contract, or scope of work (SOW), or otherwise engaging Swiftly Marketing, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you are acting on behalf of a business or organization, you confirm you are authorized to enter into this agreement on its behalf.
If you do not agree to these Terms, you may not use our Services.
2. Scope of Services
Swiftly Marketing offers a wide range of strategic and operational marketing services designed for startups, growing companies, enterprise teams, and partner agencies. Our Services may include, but are not limited to:
Marketing strategy and campaign planning
Brand development and positioning
Social media management and content creation
Graphic and visual asset design
Copywriting and storytelling
SEO content strategy and blogging
Email marketing and newsletter production
Paid advertising and performance marketing
Marketing automation and systems consulting
Analytics, reporting, and performance optimization
White-label or outsourced support for agencies
Service scope and deliverables are defined in a written proposal or service agreement. Work outside of the agreed scope may require a separate agreement and additional fees.
3. Client Responsibilities
To ensure a smooth and successful engagement, you agree to:
Provide accurate, complete, and timely information and access required to deliver the Services
Review and approve deliverables within agreed-upon timelines
Assign a primary point of contact for approvals and feedback
Pay fees as outlined in the agreement or invoice
Avoid using the Services for any illegal, misleading, or unethical activity
Delays resulting from a lack of feedback, approvals, or access may impact timelines and project delivery. Swiftly Marketing is not responsible for missed deadlines caused by such client-side delays.
4. Payment Terms
Fees and billing schedules are outlined in your proposal, contract, or scope of work.
Invoices are due within 15 calendar days of issue unless otherwise agreed in writing.
Payments can be made via bank transfer or other approved methods listed on the invoice.
Billing may occur through our sister company, Swiftly Business Consulting, based in Belgium (VAT: BE 0778405303). If so, this will be clearly indicated on your invoice.
VAT may be applicable depending on the billing entity and your jurisdiction.
Late payments may be subject to a 1.5% monthly interest fee, or the maximum permitted by applicable law.
Work may be paused or withheld in the event of non-payment beyond 30 days.
If billing through our Belgian entity, all invoices will comply with EU VAT legislation and reflect applicable intra-community supply rules where relevant.
5. Confidentiality
Both parties agree to keep confidential all proprietary, sensitive, or commercially valuable information shared during the engagement. This includes, but is not limited to:
Internal business processes
Financial or performance data
Brand strategies, assets, and messaging
Customer data or insights
Login credentials, private documents, or technical systems access
This confidentiality obligation remains in effect for two (2) years following the conclusion of the project or termination of the agreement.
6. Intellectual Property
Upon full and final payment, ownership of the final approved deliverables created exclusively for your use will be transferred to you.
Swiftly Marketing retains ownership of all pre-existing materials, methodologies, templates, systems, or tools used during the project.
Any unused drafts, rejected concepts, or exploratory work not selected as final remain the property of Swiftly Marketing unless otherwise agreed in writing.
You agree not to resell, sublicense, or commercially redistribute deliverables without explicit permission or a licensing agreement.
If you are working with Swiftly as an agency partner or on a white-label basis, resale or third-party reuse must be discussed and agreed beforehand.
7. Revisions & Change Management
Your project or retainer agreement will include a defined number of revision rounds. These rounds are meant to refine the initial deliverables within the original scope.
Additional revisions or significant scope changes will be considered out-of-scope and may be billed at Swiftly’s hourly or day rate, or require a new proposal.
Clients are encouraged to consolidate feedback to ensure efficient workflows.
8. Termination
Either party may terminate the agreement with 30 days’ written notice for any reason.
In the case of termination, you will be responsible for all fees incurred and deliverables produced up to the effective termination date.
Work-in-progress may be delivered as-is, at the discretion of Swiftly Marketing, subject to payment in full.
Any overdue invoices must be settled before final delivery or transfer of IP.
Swiftly reserves the right to terminate immediately in cases of breach, such as non-payment, misuse of work, or unethical behavior.
9. Warranties
We warrant that all Services will be delivered:
In a professional, ethical, and workmanlike manner
By qualified personnel, including vetted freelancers when appropriate
In line with the scope and standards agreed upon in your proposal
Swiftly Marketing does not guarantee specific outcomes (e.g., rankings, sales, engagement) due to the nature of marketing work and the many variables involved. Apart from the above, all warranties are disclaimed to the fullest extent permitted by law, including implied warranties of fitness or merchantability.
10. Limitation of Liability
To the extent permitted by law, Swiftly Marketing’s liability for any claim related to your engagement is limited to the total fees paid by you within the three (3) months prior to the incident.
We are not liable for:
Loss of profits, revenue, or business opportunity
Reputational damage or data loss
Any indirect, incidental, or consequential damages
Marketing inherently involves risk. We do our best to mitigate it with honest advice, ethical strategy, and high-quality work — but results are influenced by factors outside our control.
11. Non-Solicitation
You agree not to directly solicit or hire any employee, contractor, or freelancer introduced or assigned to you by Swiftly Marketing for a period of six (6) months following the end of our engagement without prior written approval.
This clause helps ensure the integrity of our talent pool and our ability to deliver for all clients.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of the Philippines, unless billing and service fulfillment occur through our sister company, in which case Belgian law may also apply for tax and legal compliance purposes.
Any disputes will be submitted to the courts of Davao, Philippines, or the appropriate court in Belgium depending on the billing entity named in your agreement or invoice.
13. Changes to These Terms
Swiftly Marketing reserves the right to revise these Terms at any time. Updated versions will be published on our website and effective upon posting.
We will notify active clients of material changes. Your continued use of our Services after changes are made constitutes your acceptance of the new Terms.
14. Contact Information
If you have any questions about these Terms or your engagement with us, please contact:
Swiftly Marketing
Attn: Janice Sacay
Email: janice.sacay@swiftly-developed.com
For billing and invoicing matters (especially within Europe):
Swiftly Business Consulting
VAT Number: BE 0778.405.303
Registered in Belgium
By working with Swiftly Marketing, you confirm that you understand and accept the above Terms of Service. Let’s build marketing that’s honest, effective, and built to last.