Terms and Conditions

We suggest grabbing a coffee and your reading glasses when reviewing the below!

 

Swift Whale Creative Terms and Conditions

We operate under a highly professional code of personal business ethics and endeavor to satisfy our clients in every respect. The terms and conditions outlined below facilitate a smoothly running studio.

DEFINITIONS

The Company is Swift Whale Creative. The Client is the company or individual who has engaged the services of Swift Whale Creative, whether in writing or by verbal agreement.

The Website is the Website designed and built for the Client by Swift Whale Creative.

AGREEMENT BETWEEN USER AND SWIFT WHALE CREATIVE

The Swift Whale Creative Website is comprised of various Web pages operated by Swift Whale Creative.

The Swift Whale Creative Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Swift Whale Creative Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Swift Whale Creative reserves the right to change the terms, conditions, and notices under which the Swift Whale Creative Website is offered, including but not limited to the charges associated with the use of the Swift Whale Creative Website.

GENERAL TERMS AND CONDITIONS

  1. The Client will own the copyright of the finished Website, and any content originated and supplied by them, unless other copyright is already in existence. This applies to the finished article and not to the working files used in the design.
  2. Swift Whale Creative will retain all the Intellectual Property Rights over any materials they have designed or produced in all formats whether written, printed, electronic or otherwise, as well as ownership of all working files, programming code and materials used in the creation of the product.
  3. If the Company has been instructed by the Client to use registered trademarks, logos or other copyrighted material, Swift Whale Creative will not assume any liability for any legal proceedings arising out of their use. It is the sole responsibility of the Client to verify their legal right to use any material supplied by them for use on their Website.
  4. Swift Whale Creative will not assume responsibility nor be held liable for any copyright infringement arising out of the use of images, photographs, text content or other material that is supplied by the client for inclusion on their Website. It is the responsibility of the Client to verify their entitlement to use such material and the Company reserves the right to refuse any material in the event of any doubt about issues relating to copyright.
  5. Whilst every endeavor will be made to ensure that the website and any scripts or programming included therein are free from errors, Swift Whale Creative cannot accept responsibility for any losses incurred either directly or indirectly due to malfunctioning of the website or any of its parts.
  6. It is the responsibility of the Client to fully check the content of the Website prior to its publication, and to check that it functions to their satisfaction, and the Company will not be responsible for any errors that subsequently come to light.
  7. The Company uses the services of external hosting companies, and whilst every effort is taken to ensure that these are reliable, Swift Whale Creative cannot be held liable for any downtime of the Clients Website as a result of technical failure or other breakdown of the hosting Server, nor for any loss of sales or profits deemed to have resulted from such.
  8. In the event that the Client already has their own hosting service or wishes to use a hosting service other than one recommended by the Company, Swift Whale Creative cannot guarantee the correct functioning of the Website or any existing scripts, including form scripts, on that Server. In the event of problems occurring in these circumstances, Swift Whale Creative will make every effort to remedy the problem, but any additional programming work incurred as a result will be charged at cost.
  9. In the event that the Client has registered or already owns a domain name, with or without hosting, that they wish to use with their Website, it is the responsibility of the Client to either initiate the transfer of their domain to a hosting service supplied by the Company, or to provide the Company with FTP access to an existing web space. Swift Whale Creative cannot be held responsible for any delays caused by domain transfer problems and the Client will be invoiced in full on completion of the Website, whether or not the site is live.
  10. Swift Whale Creative holds all rights to all design files used to create artwork, all files that are created from these files become the property of the client once payment in full is made for the project.
  11. Whilst the Company will test the Clients Website on different browsers and platforms and will take all the necessary steps to ensure that it functions correctly for the maximum number of visitors, it can give no absolute guarantees that the Site will function correctly in all browsers.
  12. The Company reserves the right to publish for promotional purposes on the Company’s Website, a link to the Client’s Website, together with a small amount of information, unless it has been specifically agreed with the Client not to do so. It also reserves the right to include an accreditation and link to its own Website on the Client’s Website, unless it has been specifically agreed with the Client not to do so.
  13. Unless the Company receives from the Client an objection in writing to these terms and conditions within 7 days of the order confirmation, it will be deemed that all the above-mentioned terms and conditions are agreed between the Company and the Client.
  14. The company retains the right to change these terms and conditions by giving the client as much notice as is reasonably practicable in the circumstances. Any clients affected by these changes will be informed of the changes within 30 days.

TERMS AND CONDITIONS OF PAYMENT

  1. A deposit of the total charges is required in order for design or programming development work to commence. Once work has commenced, this deposit will not be refundable. Milestone payments will be outlined at the start of the project with the balance due upon completion of the Website.
  2. The Website will remain the property of Swift Whale Creative until all outstanding accounts are settled in full and we reserve the right to withdraw any product or service that has not been paid for.
  3. Hosting is charged annually in advance. You have the right to cancel your account at any time up to 2 weeks before the date of renewal, but any remaining time left on your account is non-refundable.
  4. Domain name renewals must be confirmed at least one month prior to the renewal date and paid for in advance.
  5. All hosting and domain registration fees are non-refundable, in whole or in part, even if your domain name registration is cancelled or transferred prior to the end of the term of your registration.

TERMS OF USE OF THE COMPANY’S WEBSITE

The Company’s Website is the property of Swift Whale Creative and its access and use are subject to the following terms and conditions:

  1. All the material and contents of the Company’s site, including graphics and photos, are the copyright of Swift Whale Creative unless otherwise stated and may not be copied, reproduced, distributed or published for commercial use without the explicit agreement in writing from Swift Whale Creative.
  2. Whilst every care is taken to ensure the accuracy of all content and information published on the Company’s site and to supply up-to-date information, Swift Whale Creative can make no representation or warranty, whether express or implied, as to its correctness or completeness. Furthermore, the Company does not assume any legal liability or responsibility for any claims arising from interpretation, misinterpretation, use or misuse of any information on the Company’s site. It is the responsibility of all visitors to this site to take the necessary steps to verify any information on this site or on any other site to which this site is linked.
  3. Any prices published on the Company’s Website are subject to change without notice.

Swift Whale Creative reserves the right to change, edit, or update the policies contained in this document without prior notice and at any time

LINKS TO THIRD PARTY SITES

The Swift Whale Creative Website may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Swift Whale Creative and Swift Whale Creative is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Swift Whale Creative is not responsible for webcasting or any other form of transmission received from any Linked Site. Swift Whale Creative is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Swift Whale Creative of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Swift Whale Creative Website, you warrant to Swift Whale Creative that you will not use the Swift Whale Creative Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Swift Whale Creative Website in any manner which could damage, disable, overburden, or impair the Swift Whale Creative Website or interfere with any other party’s use and enjoyment of the Swift Whale Creative Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Swift Whale Creative Websites.

USE OF COMMUNICATION SERVICES

The Swift Whale Creative Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Swift Whale Creative has no obligation to monitor the Communication Services. However, Swift Whale Creative reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Swift Whale Creative reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Swift Whale Creative reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Swift Whale Creative’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Swift Whale Creative does not control or endorse the content, messages or information found in any Communication Service and, therefore, Swift Whale Creative specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Swift Whale Creative spokespersons, and their views do not necessarily reflect those of Swift Whale Creative.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Swift Whale Creative OR POSTED AT ANY Swift Whale Creative WEBSITE

Swift Whale Creative does not claim ownership of the materials you provide to Swift Whale Creative (including feedback and suggestions) or post, upload, input or submit to any Swift Whale Creative Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Swift Whale Creative, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Swift Whale Creative is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Swift Whale Creative’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Swift Whale Creative website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Swift Whale Creative and/or its suppliers may make improvements and/or changes in the Swift Whale Creative website at any time. Advice received via the Swift Whale Creative website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation>

Swift Whale Creative and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Swift Whale Creative website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Swift Whale Creative and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Swift Whale Creative and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Swift Whale Creative website, with the delay or inability to use the Swift Whale Creative website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Swift Whale Creative website, or otherwise arising out of the use of the Swift Whale Creative website, whether based on contract, tort, negligence, strict liability or otherwise, even if Swift Whale Creative or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Swift Whale Creative website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Swift Whale Creative website.

SERVICE CONTACT: admin@swiftwhale.com

TERMINATION/ACCESS RESTRICTION

Swift Whale Creative reserves the right, in its sole discretion, to terminate your access to the Swift Whale Creative Website and the related services or any portion thereof at any time, without notice. GENERAL: To the maximum extent permitted by law, this agreement is governed by the laws of the United States of America and you hereby consent to the exclusive jurisdiction and venue of courts in the USA. In all disputes arising out of or relating to the use of the Swift Whale Creative Website. Use of the Swift Whale Creative Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Swift Whale Creative as a result of this agreement or use of the Swift Whale Creative Website. Swift Whale Creative’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Swift Whale Creative’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Swift Whale Creative Website or information provided to or gathered by Swift Whale Creative with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Swift Whale Creative with respect to the Swift Whale Creative Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Swift Whale Creative with respect to the Swift Whale Creative Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

The text, images, graphics, sound files, animation files, video files and their arrangement on this website are all subject to copyright and other intellectual property protection laws in the United States of America and other countries, including but not limited to the Copyright Act 1968 (Cth) and through international treaties. Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other Internet sites. Some CA sites also contain images that are subject to the copyright rights of third party providers.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Swift Whale Creative respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Swift Whale Creative with the written information specified below. Please note that this procedure is exclusively for notifying Swift Whale Creative and its affiliates that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

A description of the copyrighted work that you claim has been infringed upon.

A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable

Your address, telephone number, and e-mail address.

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.

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. Swift Whale Creative Copyright for notice of claims of copyright infringement on its site can be reached as follows:

Swift Whale Creative LLC 2026 NW Market Street Seattle WA, 98107