These Terms and Conditions (“Agreement”) govern your use of the services provided by Bways Agency Digital Agency 360 (referred to as “Bways Agency,” “we,” or “us”) in Costa Rica. By accessing or using our services, you agree to be bound by these terms and conditions.
1. Acceptance of Terms
By accessing or using Bways Agency’s services, including but not limited to our website, software, and any other related applications or platforms, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, you may not use our services.
2. Description of Services
Bways Agency offers a range of digital marketing and advertising services, including but not limited to website design and development, search engine optimization, social media management, content creation, online advertising, and analytics. Our services are tailored to meet the specific needs of our clients.
3. Client Responsibilities
a. Accuracy of Information: You are responsible for providing accurate and up-to-date information necessary for the provision of our services. This includes, but is not limited to, contact information, project requirements, and any other relevant data.
b. Compliance with Laws: You agree to comply with all applicable laws and regulations regarding your use of our services. You are solely responsible for ensuring that your use of our services is in compliance with all applicable laws, including intellectual property laws.
c. Third-Party Services: Bways Agency may utilize third-party services, platforms, or tools to deliver our services. You acknowledge and agree that your use of such third-party services is subject to their respective terms and conditions, and Bways Agency is not responsible for any issues or damages arising from your use of such third party services.
4. Payment Terms
a. Pricing: The pricing for our services is outlined in the proposal or agreement provided to you. Prices are subject to change, and any changes will be communicated to you in advance.
b. Payment Schedule: Unless otherwise agreed upon, payment for our services is due according to the agreed payment schedule outlined in the proposal or agreement. Failure to make timely payments may result in a suspension of services or termination of the agreement.
c. Refunds: Bways Agency does not provide refunds for services rendered, as our services are predominantly time-based and effort-intensive. Any disputes regarding billing or charges should be brought to our attention within 15 days of receipt of the invoice.
5. Intellectual Property
a. Ownership: Bways Agency retains ownership of any intellectual property rights related to the services provided, including but not limited to website designs, logos, marketing materials, and any custom software or code developed for your project.
b. Client Content: You represent and warrant that you have the necessary rights and permissions to provide any content, materials, or data (collectively referred to as “Client Content”) necessary for the provision of our services. You grant Bways Agency a non-exclusive, royalty-free license to use, reproduce, modify, and display the Client Content solely for the purpose of providing our services.
6. Limitation of Liability
To the extent permitted by applicable law, Bways Agency shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use our services. This includes but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses.
Either party may terminate this Agreement with written notice to the other party. Upon termination, any outstanding payment obligations remain due, and any licenses granted under this Agreement shall cease.
8. Affiliate Program
ways Agency offers an affiliate program for individuals or organizations interested in promoting our services. Participation in the affiliate program is subject to the following additional terms:
a. Application: Interested affiliates must apply and be approved by Bways Agency to participate in the affiliate program. We reserve the right to reject or terminate any application or participation in the affiliate program for any reason.
b. Commission: Affiliates will earn a commission for each qualified referral that results in a confirmed sale of our services. The commission rate and payment terms will be outlined in a separate agreement or communication.
c. Compliance: Affiliates must comply with all applicable laws and regulations when promoting Bways Agency’s services. Affiliates shall not engage in any deceptive, misleading, or unethical marketing practices.
d. Termination: Bways Agency may terminate an affiliate’s participation in the program at any time, with or without cause, by providing written notice to the affiliate.
9. General Provisions
a. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Costa Rica. Any legal actions or proceedings arising out of or relating to this Agreement shall be brought exclusively in the courts of Costa Rica.
b. Severability: If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
c. Entire Agreement: This Agreement constitutes the entire agreement between Bways Agency and you concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements and understandings.
By using our services or participating in our affiliate program, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.