Terms of Service

 

Signing and initialing our agreement defines you as CLIENT in this document and this document constitutes the entire agreement between “us” Whoosh Agency, and “you,” CLIENT on the date agreement was signed for any services listed in and outside of this agreement. Your last signed agreement replaces any previous agreement held between CLIENT and Whoosh Agency.

 

  1. It is the CLIENT’s responsibility to have a full understanding of all actions Whoosh Agency is doing on CLIENTS behalf and this agreement.
  2. CLIENT will grant Whoosh Agency permission to communicate on its behalf and full admin access to manage or modify any CLIENT resources required for services.
  3. Termination Terms: If either CLIENT or Whoosh Agency wish to end the business relationship for any reason, we both agree to give the other a sixty-day notice in writing. This agreement is enforceable until the end of the sixtieth day after termination notification was submitted in writing. The minimum term is six months for Digital Advertising and Marketing services. 
  4. Whoosh Agency reserves the right to use subcontractors to help service CLIENT account and to claim authorship credit for any created works or benefit. Whoosh Agency will work on one request at a time until completion and reserves the right to break down CLIENT requests into individual requests and assign a priority to them.
  5. CLIENT agrees that it shall defend, indemnify, save and hold Whoosh Agency harmless from any demands, liabilities, losses, advertising costs, and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against Whoosh Agency, agents, its clients, servants, officers, and employees, that may arise or result from any reasons. CLIENT relinquishes its rights to hold Whoosh Agency or any of its representatives legally, financially, or otherwise liable for any reason in perpetuity. CLIENT also agrees that any dispute that cannot be resolved between CLIENT and Whoosh Agency will be settled and closed using Termination Terms outlined in this agreement for a smooth transition and will constitute the complete and final resolution of all disputes. Whoosh Agency cannot be held financially liable by CLIENT for more than this agreement for any reason.
  6. CLIENT agrees that if hiring a Whoosh Agency employee away from Whoosh Agency, CLIENT will pay Whoosh Agency three times the employee’s gross monthly pay in a lump sum before their start date with any project or venture CLIENT pursues with their employment as a contractor or otherwise. You agree to pay this electronically.
  7. CLIENT agrees to claim no ownership, copyright, or trademarks to any Whoosh Agency work on CLIENT’s behalf until their account is current.
  8. CLIENT agrees to pay all Whoosh Agency invoices upon receipt. Billing takes place on the 1st or 15th based on when you sign this agreement. Accounts created between the 10th and 20th day of a month are billed on the 15th; otherwise, payments are due on the 1st. In the event payment is not made within 15 days, Whoosh Agency will charge a late payment fee of 10%. Whoosh Agency reserves the right to stop all services until payment is received. CLIENT agrees to provide and allow Whoosh Agency to keep your credit card or other payment methods on file to charge the balance owed each month. CLIENT agrees to never ask for or expect a refund. You agree that in the event of a charge back, CLIENT will still owe Whoosh Agency the balance due plus a 15% charge back fee. You understand that all services will stop, but resume upon full payment.
  9. Non-Disclosure: CLIENT and Whoosh Agency agrees not to disclose any confidential information about the other without written permission.
  10. Whoosh Agency reserves the right to update our terms and conditions anytime.
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