TERMS AND CONDITIONS
Welcome to our website.
Please review these terms and conditions carefully.
If you do not agree to these terms and conditions, you should not use this site.
1. Agreement.
This Terms and Conditions agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of ClientSwing ([email address: [email protected]]) (the “Website” or “Site”) and describe the terms and conditions applicable to your access of and use of the Website.
This Agreement may be modified at anytime by ClientSwing upon posting of the modified Agreement.
Any such modifications shall be effective immediately.
You can view the most recent version of these terms at any time at the Website.
Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy.
Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy on the Website.
3. Ownership.
All content included on this site is and shall continue to be the property of ClientSwing or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights.
Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement.
Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
4. Intended Audience.
This site is intended for adults only. This site is not intended for any children under the age of 18.
5. Trademarks.
The name ClientSwing logos, domain names, service marks, and any other distinctive brand features are either trademarks or registered trademarks of ClientSwing. Other product and company names mentioned on this Website may be trademarks of their respective owners.
6. Site Use.
ClientSwing grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law.
The use of the Website is at the discretion of ClientSwing, and ClientSwing may terminate your use of the Website at any time.
You must establish a profile to use many features on ClientSwing and may be required to enter information such as a username and password, name, date of birth, gender, email address, zip code, and country.
You (“User”) are fully responsible for maintaining the confidentiality of the username and password, and for all activities that occur under that username.
All users agree to: (a) immediately notify ClientSwing of any unauthorized use of their username or password or any other breach of security, and (b) ensure that they exit from their account at the end of each session.
ClientSwing cannot and will not be liable for any loss or damage arising from failure to comply with this Agreement.
7. Endorsement & Third-Party Sites.
The site contains hyperlinks to other Internet sites and services, not under the editorial control of ClientSwing These hyperlinks are not expressed or implied endorsements or approvals by ClientSwing of any products, services or information available from these third-party sites.
All content from these links or sites is the sole responsibility of those third parties, and ClientSwing is not responsible for the accuracy or details of those third-party sites.
Any information published by ClientSwing pertaining to these sites or services is believed to be accurate at the time of publication but should be verified independent of this Website.
ClientSwing may receive a fee and/or other compensation on some clicks or purchases made on or linked through this website., through this website, through an arrangement it has with a third party if you (i) click on certain links on our site, emails or newsletters or (ii) purchase a product or service after clicking a link.
ClientSwing does not directly sell or license any of the products related to the third-party websites or links, and ClientSwing disclaims any responsibility for or liability related to them.
ClientSwing does not supervise contact between Users and third parties. Information you share with third-party websites should be limited consistent with our Privacy Policy, and ClientSwing is not responsible for financial or payment details based on any activity between the User and a third party.
8. Compliance with Laws.
You agree to comply with all applicable laws regarding your use of the Website. You further agreed that the information provided by you is truthful and accurate to the best of your knowledge.
Users agree not to: (a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website; (e) upload, post or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) upload, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Website or servers or networks connected to the Website.
ClientSwing reserves the right to suspend or delete your account if you fail to comply with any of the provisions of this Agreement.
9. Indemnification.
You agree to indemnify, defend and hold ClientSwing and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
10. Disclaimer.
The information on this site is provided on an "as is" "as available" basis. You agree that the use of this site is at your sole risk.
ClientSwing disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using this site.
Client can approve ClientSwing's initial work, however if client doesn't approve it within 7 business days and does not respond to ClientSwing, then ClientSwing reserves the right to consider the project to be completed successfully and will therefore take payment of finished project.
11. Limitation of Liability.
Under no circumstances will ClientSwing be liable or responsible for any direct, indirect, incidental, consequential (including damages form loss of business, lost profits, litigation, or the like), special, exemplar, punitive, or other damages under any legal theory, arising out of or in any way relating to this site, your site use, or the content, even if advised of the possibility of such damages for dissatisfaction with this site and/or content is to cease all of your site use.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Use of Information.
ClientSwing reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
13. Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information via email to [email protected]
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
14. Applicable Law.
You agree that the laws of New York state, without regard to conflicts of laws provisions, will govern these Terms and Conditions and any dispute that may arise between you and ClientSwing or its affiliates. You also agree that the courts of the New York state will have sole and exclusive jurisdiction to hear or determine any dispute or controversy arising under or concerning this Agreement.
15. Severability.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16. Waiver.
The failure of ClientSwing to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Any waiver of this Agreement by ClientSwing must be in writing and signed by an authorized representative of ClientSwing
17. Termination.
ClientSwing may terminate this Agreement at any time, with or without notice, for any reason.
18. Relationship of the Parties.
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such.
Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
19. Entire Agreement.
These Terms and Conditions constitute the entire agreement between you and ClientSwing and govern your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ClientSwing with respect to this Site.
Not withstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website.
ClientSwing may revise these Terms and Conditions at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms and Conditions periodically to determine if any changes have been made.
Your continued use of the Website after any changes have been made to the Terms and Conditions signifies and confirms your acceptance of any such changes or amendments to the Terms and Conditions.
20. Refund Policy.
Refunds are subject to the initial agreement you made with ClientSwing. Please check the proposal/agreement you signed when starting with us.
21.1. Client Data Accuracy and Compliance - Client Responsibilities.
21.1.1. The client represents and warrants that they have all necessary rights, permissions, and consents to provide ClientSwing with any customer data, including but not limited to names, phone numbers, and email addresses ("Customer Data") for the purpose of sending automated email and text message campaigns using Twilio, Mailgun, or other similar services.
21.1.2. The client shall ensure that the Customer Data provided to ClientSwing has been lawfully obtained and that the customers included in the Customer Data have explicitly opted-in to receive marketing communications in accordance with all applicable laws, regulations, and industry best practices, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and the General Data Protection Regulation (GDPR).
21.1.3. The client shall indemnify, defend, and hold harmless ClientSwing and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the client's provision of Customer Data to ClientSwing, including but not limited to any alleged or actual violations of applicable laws, regulations, or industry best practices.
21.2. Client Data Accuracy and Compliance - ClientSwing's Liability.
21.2.1. ClientSwing shall not be liable for any issues, legal matters, or damages arising from the client's provision of inaccurate, incomplete, or non-compliant Customer Data. This includes, but is not limited to, any claims, fines, penalties, or other consequences resulting from the sending of unsolicited or non-compliant email and text message campaigns using the Customer Data provided by the client.
21.2.2. In the event that ClientSwing becomes aware of any potential or actual non-compliance with applicable laws, regulations, or industry best practices relating to the Customer Data provided by the client, ClientSwing reserves the right to suspend or terminate the client's access to and use of ClientSwing's services without prior notice and without any liability to the client.
21.2.3. ClientSwing shall not be responsible for verifying the accuracy, completeness, or compliance of the Customer Data provided by the client. The client acknowledges and agrees that it is solely responsible for ensuring that the Customer Data complies with all applicable laws, regulations, and industry best practices.
21.3. Client Data Accuracy and Compliance - Cooperation and Assistance.
21.3.1. ClientSwing shall not be liable for any issues, legal matters, or damages arising from the client's provision of inaccurate, incomplete, or non-compliant Customer Data. This includes, but is not limited to, any claims, fines, penalties, or other consequences resulting from the sending of unsolicited or non-compliant email and text message campaigns using the Customer Data provided by the client.
21.3.2. In the event that ClientSwing becomes aware of any potential or actual non-compliance with applicable laws, regulations, or industry best practices relating to the Customer Data provided by the client, ClientSwing reserves the right to suspend or terminate the client's access to and use of ClientSwing's services without prior notice and without any liability to the client.
21.3.3. ClientSwing shall not be responsible for verifying the accuracy, completeness, or compliance of the Customer Data provided by the client. The client acknowledges and agrees that it is solely responsible for ensuring that the Customer Data complies with all applicable laws, regulations, and industry best practices.
21.4. Client Data Accuracy and Compliance - Notification of Changes.
21.4.1. The client shall promptly notify ClientSwing of any changes or updates to the Customer Data that may affect its accuracy, completeness, or compliance with applicable laws, regulations, or industry best practices. The client shall be solely responsible for any issues, legal matters, or damages arising from its failure to timely notify ClientSwing of any such changes or updates.
22. Billing and Payment Terms
Subscription Payments:
All subscription payments are processed through our third-party payment provider, Stripe. By subscribing to our service, you authorize us to charge the card on file for recurring payments based on your selected subscription plan.
Failed Payments:
In the event of a failed payment, Stripe will automatically attempt to process the charge every other day for 14 days. If payment is not received by Day 14, Stripe will stop attempting to process the charge, and your subscription will be canceled.
Account Suspension:
If payment is not successfully processed within the 14-day grace period, your account will be suspended. A one-time reactivation fee will apply to restore your account after payment is received.
Bank-Related Issues:
Our payment processor has been reliable since 2021, so any failed payments are likely due to issues on your bank's end. We recommend checking for payment blocks in your banking app or contacting your bank directly to resolve the issue.
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