These terms and conditions ("Terms") govern the relationship between Tenacity Digital ("Agency") and the Client ("Client") in connection with the digital marketing services provided by the Agency to the Client. By accepting these Terms, the Client agrees to be bound by the following provisions.

 

1. Definitions

- "Social media marketing services" AND "Digital marketing services" refers to the services provided by the Agency to the Client, as described in more detail in the Scope of Services section outlined in your agency agreement.

- "Client" refers to the company or individual entering into this agreement with the Agency.

- "Agency" refers to Tenacity Digital, the company providing outlined services to the Client.

 

2. Scope of Services

The Agency will provide social media marketing services to the Client as outlined in the agency agreement or project quote. These services may include, but are not limited to, the creation and management of social media accounts, the development and implementation of social media marketing campaigns, and the analysis and reporting of social media performance, and web development services. The Agency will use reasonable efforts to perform these services in a timely and professional manner.

 

3. Fees and Payment

The Client will pay the Agency the fees for its services outlined in the project quote or agency agreement. These fees may be based on an hourly rate or a fixed project fee, as agreed upon by the parties and outlined by the Agency. All fees are due and payable before completion of the services, unless otherwise agreed upon in writing by the parties. 

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The Client is liable to pay directly to the third party service providers, such as Google or Facebook, for paid advertising click and campaign costs. This is a case by case situation and will be outlined in your project quote or agency agreement as it only applies to paid advertising services. 

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For outstanding fees, the Agency 'Tenacity Digital' reserves the right to pause their services until the fees have been paid. If the fees are overdue with no action to pay, The Agency 'Tenacity Digital' will engage a debt collection company to collect the debt at the clients expense. 

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4. Intellectual Property

All intellectual property created by the Agency as part of its services, including but not limited to logos and marketing materials, will be owned by the Agency. The Client will be granted a limited, non-exclusive license to use this intellectual property for the duration of the agreement. Upon termination of the agreement, the Client's right to use this intellectual property will immediately terminate. 

If the client decides to terminate their services with the agency, Tenacity Digital is not responsible for the decrease in performance of any assets, or intellectual property that is passed onto or owned by the client. 

 

5. Confidentiality

The Agency may have access to confidential information as part of its work for the Client. The Agency agrees to keep this information confidential and to use it only for the purposes of providing the agreed-upon services.

 

6. Termination

Either party may terminate this agreement at any time upon written 1 month's notice to the other party. Upon termination, the Client will pay the Agency for any services rendered up to the date of termination.

 

7. Disclaimer

The Agency makes no representations or warranties regarding the results of its services. The Client acknowledges that the success of the social media marketing efforts depends on a variety of factors, including the quality of the Client's products or services and the Client's compliance with the terms of this agreement. The Agency will not be liable for any errors or omissions in its work.

 

8. Governing Law

This agreement will be governed by the laws of New Zealand.

 

9. Dispute Resolution

Any disputes arising under this agreement will be resolved through mediation or arbitration, at the option of the parties.

 

10. Force Majeure

Neither party will be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by events beyond the reasonable control of the party, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, and government actions. The party affected by such an event will promptly notify the other party and will use commercially reasonable efforts to minimise the impact of the event. If the event continues for more than 30 days, either party may terminate these Terms upon written notice to the other party.