Terms & Conditions

Below is the next professionally drafted section of the Swan Technologies Terms & Conditions. This continues from the previous version and is written in a formal legal style.

1. Definitions

For the purposes of these Terms & Conditions, the following definitions shall apply:

“Agreement” means these Terms & Conditions together with any quotation, proposal, invoice, statement of work, or written agreement between Swan Technologies and the Client.

“Client” means the individual, company, partnership, organization, or entity purchasing services from Swan Technologies.

“Company”, “Swan Technologies”, “we”, “our”, or “us” means Swan Technologies and its owners, directors, employees, contractors, consultants, and authorized representatives.

“Services” means all products and professional services offered by Swan Technologies, including but not limited to website design, website development, WordPress development, WooCommerce development, eCommerce solutions, logo design, branding, graphic design, SEO, digital marketing, PPC advertising, Google Ads management, Meta advertising, website hosting, maintenance, website support, website migration, domain management, content writing, social media marketing, and related consulting services.

“Project” means any work undertaken by Swan Technologies on behalf of the Client.

“Deliverables” means the completed work supplied to the Client under a project.

“Business Day” means Monday through Friday, excluding statutory public holidays applicable in the jurisdiction where Swan Technologies operates.

2. Acceptance of Terms

By requesting a quotation, accepting a proposal, paying an invoice, signing an agreement, approving a project, or using any service provided by Swan Technologies, the Client acknowledges that they have read, understood, and agreed to be legally bound by these Terms & Conditions.

These Terms apply to all existing and future projects unless expressly varied in writing by Swan Technologies.

No employee, contractor, salesperson, or representative is authorized to modify these Terms unless approved in writing by a Director of Swan Technologies.

3. Quotations & Estimates

3.1 Free Quotations

Swan Technologies provides free, no-obligation quotations for Website Design & Development Services and Logo Design Services.

A quotation remains valid for 30 calendar days unless otherwise specified.

3.2 Estimates

Unless expressly stated otherwise, all quotations represent professional estimates based upon the information supplied by the Client.

If the project requirements change after the quotation has been issued, Swan Technologies reserves the right to revise pricing accordingly.

3.3 Scope Accuracy

The Client is responsible for ensuring all requested requirements are disclosed before the quotation is accepted.

Additional functionality requested after project commencement shall be treated as a variation and may incur additional costs.

4. Project Approval

A project shall be deemed approved once any of the following occurs:

Written approval is received by email.
A quotation is accepted electronically.
An invoice is paid.
A purchase order is issued.
The Client instructs Swan Technologies to begin work.
Development or design work commences with the Client’s knowledge.

Once approval has been provided, Swan Technologies immediately allocates resources, schedules designers and developers, and begins project planning.

Accordingly:

Website Design projects become non-refundable after approval.
Logo Design projects become non-refundable after approval.

5. Payment Terms

Unless otherwise agreed in writing:

All projects require 100% payment in advance before work commences.
No work shall begin until payment has cleared.
Outstanding invoices may result in project delays.
Swan Technologies reserves the right to pause or suspend work where invoices remain unpaid.

The Client agrees that payment obligations are independent of project completion timelines where delays are caused by the Client.

5.1 Late Payments

Invoices not paid by their due date may attract:

Late payment charges;
Interest where permitted by law;
Collection costs;
Legal recovery expenses;
Suspension of services.

The Client shall remain responsible for all reasonable costs incurred in recovering overdue accounts.

6. Refund Policy

Due to the customized nature of digital services, Swan Technologies maintains the following refund policy.

The following services are strictly non-refundable after commencement or approval:

Website Design
Website Development
WordPress Development
WooCommerce Development
Logo Design
Branding
Graphic Design
Content Writing
Search Engine Optimization (SEO)
Social Media Marketing
Google Ads Management
Meta Advertising
Website Hosting
Website Maintenance
Website Support
SSL Certificates
Domain Registrations
Website Migration
Premium Themes
Premium Plugins
Third-Party Software
API Licences
Stock Images
Custom Development
Consulting Services

Refunds shall only be provided where required by applicable consumer protection legislation.

7. Website Design & Development Services

Website projects include only those services specifically listed in the accepted quotation.

Unless expressly included, quotations do not cover:

Additional revisions beyond the agreed scope.
Custom integrations.
Third-party software licensing.
Premium plugins.
Premium themes.
Copywriting.
Photography.
Videography.
Translation services.
Ongoing maintenance.
SEO campaigns.
Advertising campaigns.
Content population beyond the agreed scope.

The Client is responsible for reviewing the project scope before approval.

7.1 Design Approval

During the design phase, Swan Technologies will provide draft concepts for approval.

Once a design has been approved by the Client:

the design phase shall be deemed complete;
subsequent requests that materially alter the approved design may incur additional charges.

7.2 Browser Compatibility

Websites are developed to function correctly on the latest stable versions of major browsers including Google Chrome, Microsoft Edge, Mozilla Firefox, and Safari.

Swan Technologies does not guarantee compatibility with obsolete browsers or unsupported operating systems.

7.3 Responsive Design

Where responsive design is included within the quotation, websites will be optimized for common desktop, tablet, and mobile devices.

Minor visual differences between devices may occur due to screen size, browser rendering, operating system limitations, or manufacturer specifications.

8. Logo Design Services

Logo Design includes only the number of concepts and revisions specified within the accepted quotation.

Once final files have been delivered and approved:

the project shall be considered completed;
additional concepts or revisions shall be billed separately.

Logo projects are custom creative works and are therefore non-refundable after quotation approval.

The Client is responsible for ensuring all spelling, colours, symbols, and branding elements are reviewed before final approval.

9. Scope of Work

The scope of work shall be governed by the accepted quotation.

Any work requested outside the approved scope shall be considered a Variation.

Variations may include, but are not limited to:

Additional pages.
New functionality.
API integrations.
Payment gateway changes.
New design concepts.
Additional revisions.
Content writing.
SEO work not originally quoted.
Database modifications.
Membership systems.
Booking systems.
Multilingual functionality.

All variations shall require written approval before work commences.

10. Additional Work & Change Requests

The quotation provided by Swan Technologies is based solely on the agreed project scope. Any work requested outside the approved scope shall be considered additional work and will be quoted separately.

Additional work may include, but is not limited to:

Additional website pages
New design layouts
Additional logo concepts
Custom functionality
API integrations
Booking systems
Membership portals
Additional revisions beyond those included
Database modifications
Custom programming
Third-party software integration
Content writing
Product uploads
SEO services not included in the original quotation

No additional work will commence until the Client has approved the revised quotation in writing.

Swan Technologies reserves the right to extend project timelines where additional work has been requested.

11. Client Responsibilities

The Client acknowledges that the successful completion of any project requires timely cooperation.

The Client agrees to:

Provide accurate information and project requirements.
Supply all website content, logos, images, videos, branding material, documents, and login credentials when requested.
Ensure all supplied content is lawful and does not infringe any copyright, trademark, or intellectual property rights.
Review all drafts promptly.
Approve or request revisions within seven (7) business days unless otherwise agreed.
Maintain copies of all original files supplied to Swan Technologies.

The Client further warrants that all content supplied has been legally obtained and that Swan Technologies shall not be liable for any claims arising from the use of Client-supplied materials.

11.1 Delayed Client Responses

If the Client fails to provide required information, approvals, or feedback within a reasonable time, Swan Technologies reserves the right to:

Pause the project.
Reallocate development resources.
Extend project deadlines.
Charge recommencement fees where applicable.

Project completion dates shall automatically be extended by the duration of any Client-caused delay.

12. Project Timelines

Any project completion date supplied by Swan Technologies is an estimate only.

Estimated completion dates depend upon:

Timely Client feedback
Availability of required content
Third-party providers
Hosting companies
Domain registrars
Plugin developers
Payment gateway approvals
External APIs
Force majeure events

Swan Technologies shall not be liable for delays outside its reasonable control.

13. Project Suspension

Swan Technologies reserves the right to suspend any project where:

Payments become overdue.
The Client fails to provide required information.
The Client becomes unresponsive.
The Client repeatedly changes project requirements.
The Client behaves in an abusive, threatening, or unreasonable manner.

Project work shall recommence once outstanding matters have been resolved.

Any revised completion dates shall be communicated following recommencement.

14. Abandoned Projects

A project shall be deemed abandoned where the Client becomes inactive for more than sixty (60) consecutive calendar days after Swan Technologies has requested information, approvals, or content.

Inactive projects may be:

Archived
Removed from active production
Re-quoted at current pricing
Subject to recommencement fees

Swan Technologies is under no obligation to retain project files indefinitely.

Archived files may be permanently deleted after twelve (12) months.

15. Third-Party Software, Plugins & Licences

Many websites require third-party software or services.

These may include:

Premium WordPress themes
Premium plugins
Stock photography
Fonts
Payment gateways
Booking software
CRM integrations
Marketing platforms
Email software
Analytics tools
Artificial Intelligence software
API subscriptions

These products remain the property of their respective owners and are governed by their own licence agreements.

Swan Technologies does not warrant or guarantee the ongoing availability, compatibility, pricing, or functionality of any third-party product.

Should a third-party developer discontinue support or make changes affecting the Client’s website, Swan Technologies shall not be liable.

15.1 Client Requested Purchases

Where Swan Technologies purchases any third-party products on behalf of the Client:

Payment is due within 15 calendar days from invoice.
Such purchases are strictly non-refundable.
Ownership remains subject to the third-party licence.
Swan Technologies may suspend services until outstanding balances have been paid.
Invoices remaining unpaid after fifteen (15) days shall incur a 5% late payment fee.

16. Domains & DNS

Unless expressly stated in writing:

Domain names remain the responsibility of the Client.
Renewal notices issued by registrars remain the Client’s responsibility.
Swan Technologies shall not be liable for expired domains due to unpaid renewals.
DNS propagation delays are outside our control.

If Swan Technologies manages the Client’s domain registration, the Client remains responsible for renewal fees.

17. Website Hosting Agreement

Website Hosting services are supplied under an annual agreement.

17.1 Minimum Term

Hosting services are provided for a minimum period of twelve (12) months.

Hosting fees are non-refundable.

17.2 Renewal

Hosting agreements automatically renew annually unless Swan Technologies receives at least thirty (30) days’ written notice before the renewal date.

Failure to provide the required notice shall constitute acceptance of the renewal.

17.3 Hosting Payments

Hosting invoices must be paid within seven (7) days of the invoice due date.

Failure to pay may result in:

Website suspension
Email suspension
Temporary service interruption
Removal of website files after reasonable notice where permitted by law

Restoration following suspension may incur additional administration charges.

17.4 Server Resources

Hosting packages are subject to reasonable usage.

Where a website exceeds allocated server resources, Swan Technologies reserves the right to recommend an upgraded hosting package.

17.5 Backups

While Swan Technologies may perform periodic backups, these are provided as a courtesy only.

Backups are not guaranteed.

Clients are encouraged to maintain independent backups of all website data.

Swan Technologies accepts no responsibility for data loss resulting from hardware failure, software failure, cyberattacks, human error, or third-party incidents.

18. SSL Certificates

SSL Certificates supplied by Swan Technologies:

remain valid for one (1) year;
are non-refundable;
require annual renewal.
Failure to renew an SSL certificate may result in:
Browser security warnings
Disabled payment processing
Reduced visitor confidence
Search engine ranking impacts

The Client is responsible for renewing SSL certificates before expiry.

19. Website Maintenance Services

Maintenance plans cover only the services specifically listed in the maintenance agreement.

Maintenance may include:

WordPress core updates
Plugin updates
Theme updates
Security monitoring
Minor content edits
Performance optimisation
Technical support

Maintenance plans do not include:

Website redesigns
New functionality
New pages
SEO campaigns
Custom programming
Malware removal caused by third-party actions unless specifically included

Unused maintenance hours do not roll over unless otherwise agreed.

20. Website Support

Technical support is available during normal business hours unless otherwise agreed.

Emergency support outside business hours may incur additional charges.

Support requests are handled in the order received according to priority.

Response times are targets only and are not guaranteed unless covered by a Service Level Agreement (SLA).

21. Website Warranty

Swan Technologies provides a 30-day limited warranty on newly developed websites commencing from the date of project completion.

This warranty covers only coding defects that prevent the website from functioning as originally specified.

The warranty does not cover:

New feature requests
Design changes
Browser updates released after launch
Plugin updates
Third-party software failures
Client modifications
Hacking
Malware
Server issues
Hosting provider issues
Content edits

Any work outside the warranty shall be billed at Swan Technologies’ standard hourly rate.

22. Search Engine Optimization (SEO)

SEO services are provided on a minimum three (3) month contract.

All SEO fees are payable in advance.

SEO services are strictly non-refundable.

After completion of the initial three-month term, the Client may terminate SEO services by providing written notice before the next billing cycle.

SEO results depend on numerous factors outside Swan Technologies’ control, including search engine algorithm updates, competitor activity, website history, content quality, market conditions, and user behaviour.

Accordingly, Swan Technologies does not guarantee:

First-page rankings
Number one rankings
Specific keyword positions
Traffic increases
Sales increases
Lead generation
Revenue growth

SEO is an ongoing marketing process, and past performance does not guarantee future results.

23. Google Business Profile (GBP) Services

Where Swan Technologies provides Google Business Profile setup, optimization, management, or consulting services, the Client acknowledges that approval, verification, suspension, reinstatement, rankings, reviews, and visibility remain solely at Google’s discretion.

Swan Technologies does not guarantee:

Verification approval.
Reinstatement of suspended listings.
Google Maps rankings.
Increased calls or enquiries.
Review approvals or removals.

The Client agrees to provide accurate business information and comply with Google’s published policies.

24. Social Media Marketing Services

Social Media Marketing services may include strategy, content creation, posting, advertising, audience engagement, reporting, and campaign management as specified in the accepted quotation.

Unless otherwise agreed in writing, Swan Technologies does not guarantee:

A specific number of followers.
Engagement rates.
Viral content.
Leads.
Sales.
Return on investment.

Platform algorithms frequently change and are beyond the control of Swan Technologies.

The Client remains responsible for approving all advertising content before publication.

25. Pay-Per-Click (PPC) & Advertising Services

Advertising services may include:

Google Ads
Microsoft Ads
Meta (Facebook & Instagram) Ads
LinkedIn Ads
YouTube Ads
Display Advertising
Remarketing Campaigns

Advertising budgets paid directly to advertising platforms are separate from Swan Technologies’ management fees.

Advertising fees paid to Google, Meta, Microsoft, or any other advertising platform are non-refundable.

Swan Technologies cannot guarantee:

Leads
Sales
Conversions
Click-through rates
Cost per acquisition
Return on advertising spend (ROAS)

Campaign performance depends upon numerous market factors beyond our control.

26. Email Marketing Services

Email marketing services may include campaign design, automation, newsletter creation, audience segmentation, and reporting.

The Client is solely responsible for:

Maintaining permission-based mailing lists.
Compliance with applicable anti-spam legislation.
Accuracy of subscriber information.

Swan Technologies shall not be liable for penalties arising from unlawful email practices by the Client.

27. E-Commerce Websites

For e-commerce projects, Swan Technologies will develop the website according to the agreed scope.

Unless expressly included in the quotation, Swan Technologies is not responsible for:

Product data entry.
Inventory management.
Product photography.
Tax compliance.
Shipping rules.
Accounting integration.
Payment gateway merchant approval.
Fraud prevention.
Legal compliance relating to online sales.

The Client remains responsible for ensuring all products sold comply with applicable laws and regulations.

28. Browser & Device Compatibility

Websites are tested on current versions of major browsers available at the time of launch.

Future browser updates, operating system changes, or device manufacturer updates may affect website appearance or functionality.

Compatibility updates requested after project completion may incur additional charges.

29. Website Security

Swan Technologies follows industry best practices to enhance website security.

However, the Client acknowledges that:

No website can ever be guaranteed to be completely secure.
Cyber threats continually evolve.
New vulnerabilities may emerge without warning.

Accordingly, Swan Technologies does not warrant that any website will remain free from hacking attempts, malware, viruses, ransomware, spam attacks, denial-of-service attacks, or unauthorized access.

30. Malware & Hacking Disclaimer

Swan Technologies shall not be responsible for:

Website hacking.
Malware infections.
Brute-force attacks.
Data breaches.
Spam attacks.
Server compromises.
Third-party plugin vulnerabilities.
Password theft.
Client security negligence.

Where recovery services are requested, such work shall be quoted separately unless included within an active maintenance agreement.

31. Client Content & Copyright

The Client warrants that all content supplied to Swan Technologies, including but not limited to:

Logos
Images
Videos
Documents
Artwork
Music
Fonts
Text
Trademarks

is owned by the Client or that the Client has obtained all necessary licences and permissions.

The Client agrees to indemnify Swan Technologies against any claim arising from copyright infringement, trademark infringement, or unauthorized use of third-party intellectual property.

32. Intellectual Property Rights

All concepts, source code, graphics, layouts, documentation, designs, software, and other work created by Swan Technologies remain the intellectual property of Swan Technologies until all outstanding invoices have been paid in full.

Ownership transfers only upon receipt of full payment.

Third-party software remains subject to the respective developer’s licence terms.

33. Portfolio Rights

Unless otherwise agreed in writing or subject to a Non-Disclosure Agreement (NDA), Swan Technologies reserves the right to:

Display completed work within its portfolio.
Publish screenshots.
Describe completed projects.
Use project details in marketing material.
Feature completed work on its website and social media platforms.

The Client grants Swan Technologies a non-exclusive licence to display completed work for promotional purposes.

34. Confidentiality

Both parties agree to maintain the confidentiality of all non-public information received during the course of the project.

Confidential information shall not be disclosed to any third party except where:

Required by law;
Necessary to perform the contracted services; or
Authorized in writing by the disclosing party.

This obligation survives termination of the Agreement.

35. Non-Solicitation

During the term of this Agreement and for a period of twelve (12) months following its termination, the Client agrees not to directly or indirectly solicit, employ, contract with, or engage any employee, contractor, consultant, or subcontractor of Swan Technologies without prior written consent.

If the Client breaches this clause, Swan Technologies reserves the right to recover reasonable damages and recruitment costs to the extent permitted by law.

36. Chargebacks & Payment Disputes

The Client agrees to contact Swan Technologies to resolve any billing concern before initiating a chargeback, payment reversal, or payment dispute with a financial institution.

Initiating a chargeback for legitimately delivered services may constitute a breach of this Agreement.

Where a chargeback is found to be unjustified, the Client agrees to reimburse Swan Technologies for:

The disputed amount.
Bank fees.
Payment processor fees.
Collection costs.
Legal costs incurred in recovering the debt, where permitted by law.

Swan Technologies reserves the right to immediately suspend all services while any payment dispute remains unresolved.

37. Late Payment Fees

Invoices not paid by the due date may incur a late payment fee of 5% of the outstanding balance where permitted by applicable law.

Interest may continue to accrue on overdue accounts in accordance with applicable legislation.

Late payment does not waive the Client’s obligation to pay the full outstanding balance.

38. Collection Costs

The Client agrees to reimburse Swan Technologies for all reasonable costs associated with recovering overdue accounts, including but not limited to:

Collection agency fees.
Legal fees.
Court filing fees.
Administrative costs.
Interest where applicable.

39. Suspension of Services

Swan Technologies reserves the right to suspend or restrict any service without prior notice where:

Invoices remain unpaid.
Hosting fees are overdue.
Maintenance fees are overdue.
The Client breaches these Terms.
Fraudulent activity is suspected.
The Client uses services for unlawful purposes.

Service restoration may require payment of all outstanding invoices together with any applicable administration or reconnection fees.

40. Termination by the Client

The Client may terminate ongoing monthly services by providing written notice in accordance with the applicable service agreement.

Termination does not entitle the Client to a refund for services already delivered or prepaid.

All outstanding invoices become immediately due and payable upon termination.

41. Termination by Swan Technologies

Swan Technologies may terminate this Agreement immediately where:

The Client breaches these Terms.
Fraudulent activity is suspected.
The Client repeatedly fails to make payments.
The Client behaves in an abusive, threatening, defamatory, discriminatory, or unlawful manner.
Continued provision of services would expose Swan Technologies to legal, financial, or reputational risk.

Termination shall not affect Swan Technologies’ right to recover outstanding amounts owed.

42. Force Majeure

Swan Technologies shall not be liable for any delay, interruption, or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to:

Natural disasters
Floods
Fires
Earthquakes
Storms
Pandemics
Epidemics
Government restrictions
War
Civil unrest
Terrorist acts
Labour disputes
Utility failures
Internet outages
Data centre failures
Cyberattacks
Hosting provider outages
Domain registrar failures
Third-party software failures
Payment gateway outages
Acts or omissions of third-party suppliers

During any Force Majeure event, Swan Technologies shall be entitled to a reasonable extension of time to perform its obligations.

43. Limitation of Liability

To the fullest extent permitted by applicable law, Swan Technologies, its directors, employees, contractors, consultants, affiliates, and representatives shall not be liable for any:

Indirect damages
Consequential damages
Incidental damages
Special damages
Punitive damages
Loss of profits
Loss of revenue
Loss of goodwill
Loss of business opportunities
Loss of anticipated savings
Loss of data
Business interruption
Loss arising from website downtime
Search engine ranking fluctuations
Advertising performance
Third-party software failures
Hosting outages
Domain registration issues
Email delivery failures
Security breaches
Malware infections
Cyberattacks
Client negligence
Plugin incompatibilities
API changes
Browser updates
AI-generated content inaccuracies
Changes made by third-party providers

In all circumstances, Swan Technologies’ total aggregate liability arising out of or relating to any claim shall not exceed the total amount actually paid by the Client for the specific service giving rise to the claim during the preceding twelve (12) months.

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

44. Indemnification

The Client agrees to indemnify, defend, and hold harmless Swan Technologies, its directors, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, actions, proceedings, liabilities, losses, damages, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to:

Content supplied by the Client.
Copyright infringement.
Trademark infringement.
Intellectual property disputes.
Defamation.
Privacy violations.
Unlawful use of the website.
Violation of applicable laws or regulations.
Products or services sold by the Client.
Data protection breaches caused by the Client.
Misuse of third-party software.
Fraudulent activity by the Client.
Breach of these Terms & Conditions.

This indemnity shall survive the completion or termination of the Agreement.

45. No Guarantee Clause

The Client acknowledges that Swan Technologies provides professional services using industry best practices. However, due to the nature of technology, search engines, advertising platforms, hosting environments, and third-party systems, Swan Technologies does not guarantee:

First-page Google rankings.
Number one search rankings.
Specific keyword positions.
Website traffic.
Sales or revenue.
Lead generation.
Social media growth.
Viral marketing results.
Advertising return on investment.
Business profitability.
Website compatibility with future technologies.
Continuous website availability.
Uninterrupted hosting services.
Protection from cyberattacks or hacking.
Approval of Google Business Profiles.
Approval of advertising campaigns.
Merchant account approvals.
Domain registration approvals.

Any projections or forecasts provided by Swan Technologies are estimates only and should not be interpreted as guarantees.

46. Privacy & Data Protection

Swan Technologies is committed to protecting the privacy and confidentiality of Client information.

Personal information collected during the course of providing services shall be used only for legitimate business purposes, including:

Project management.
Client communication.
Billing and invoicing.
Technical support.
Marketing communications where consent has been provided.
Compliance with legal obligations.

The Client acknowledges that certain information may be processed or stored using trusted third-party service providers, including hosting companies, payment processors, CRM platforms, cloud storage providers, email services, analytics tools, and software vendors.

Swan Technologies will take reasonable steps to safeguard Client information but cannot guarantee absolute security of electronic communications or online systems.

47. Electronic Communications

The Client agrees that communications transmitted electronically, including but not limited to:

Emails
Electronic quotations
Electronic invoices
Online approvals
Electronic signatures
Client portal approvals
Support tickets
Text messages

shall constitute valid and legally binding communications between the parties.

Electronic acceptance of quotations, invoices, or proposals shall be deemed equivalent to a handwritten signature where permitted by applicable law.

48. Notices

Any formal notice under these Terms shall be provided in writing and delivered by:

Email;
Registered mail;
Courier; or
Any other method agreed upon by the parties.

Notices shall be deemed received:

On the date of delivery if delivered personally.
On the date confirmed by courier.
On the date of successful electronic transmission, unless a delivery failure notice is received.

49. Assignment

The Client may not assign, transfer, sublicense, or otherwise dispose of any rights or obligations under this Agreement without the prior written consent of Swan Technologies.

Swan Technologies may assign or subcontract any part of its obligations where necessary to deliver the agreed services, while remaining responsible for the overall delivery of those services.

50. Severability

If any provision of these Terms & Conditions is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be severed from the remaining provisions.

The remaining provisions shall continue in full force and effect.

51. Waiver

Failure by Swan Technologies to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights available under this Agreement.

Any waiver must be in writing and signed by an authorized representative of Swan Technologies.

52. Entire Agreement

These Terms & Conditions, together with any accepted quotation, proposal, invoice, Statement of Work, Service Level Agreement, or written amendment, constitute the entire agreement between Swan Technologies and the Client.

They supersede all prior discussions, negotiations, representations, understandings, or agreements relating to the services provided.

No oral statement shall vary these Terms unless confirmed in writing by an authorized Director of Swan Technologies.

53. Amendments

Swan Technologies reserves the right to amend or update these Terms & Conditions at any time.

The latest version will be published on the Swan Technologies website.

Updated Terms shall apply to new projects immediately upon publication. For ongoing services, changes will take effect upon reasonable notice to the Client, except where prohibited by law.

54. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Saskatchewan, Canada, without regard to its conflict of law principles.

The parties agree to submit to the exclusive jurisdiction of the courts located in Saskatchewan for the resolution of any dispute arising out of or relating to this Agreement, unless otherwise required by applicable law.

55. Dispute Resolution

The parties agree to make every reasonable effort to resolve disputes amicably through good-faith discussions before commencing legal proceedings.

If a dispute cannot be resolved through negotiation, the parties may agree to participate in mediation before pursuing litigation.

Nothing in this clause prevents Swan Technologies from seeking immediate legal or equitable relief, including injunctive relief or debt recovery, where necessary to protect its rights or recover unpaid amounts.

56. Legal Costs

If Swan Technologies is required to engage legal counsel, debt collection agencies, or commence legal proceedings to recover unpaid invoices or enforce these Terms & Conditions, the Client agrees, to the extent permitted by law, to reimburse Swan Technologies for all reasonable costs incurred, including:

Solicitor and client legal fees;
Court filing fees;
Collection agency fees;
Enforcement costs;
Administrative expenses; and
Applicable interest on overdue amounts.

57. Contact Information

Swan Technologies

Website: www.reginawebdesign.ca

Email: info@reginawebdesign.ca

Phone: +1-306-500-7919

For all legal notices, billing enquiries, or service-related communications, please contact Swan Technologies using the details above.

Client Acknowledgement

By accepting a quotation, approving a proposal, making payment, signing a service agreement, or using any services provided by Swan Technologies, the Client acknowledges that they have read, understood, and agree to be bound by these Terms & Conditions in their entirety.

Terms & Conditions