TERMS AND CONDITIONS

1. Parties:

Service Provider: Selworthy, LLC

Client: Any company or individual contracted with Selworthy

Contract: any contract for products or services entered into between Selworthy and the Client

A Contract made with Selworthy with a Client shall take precedence if any details in that contract conflict with these Terms and Conditions.

2. Services Provided: The service provider agrees to deliver the services as outlined in the attached project scope.

 

3. Payment Terms: The Client agrees to pay Selworthy based on individual Contract details.

 

4. Contract Duration and Termination: all details are explicitly stated within a Contract and should not be referenced within the Terms and Conditions.

 

5. Confidentiality: Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the term of this contract. Confidentiality obligations shall survive the termination of this contract.

 

6. Liability: The service provider shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the performance of the services. The Client agrees to indemnify and hold harmless the service provider from any claims, liabilities, damages, or expenses arising from the Client’s use of the services.

 

7. Governing Law: a Contract shall be governed by and construed in accordance with the laws of the State of North Carolina.

 

8. Amendments: Any amendments or modifications to this contract must be made in writing and signed by both parties.

 

9. Entire Agreement: a Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings.

 

10. Dispute Resolution: Any disputes arising out of or in connection with this contract shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiation, the dispute shall be submitted to mediation before a mutually agreed-upon mediator. If mediation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. All costs will be covered by the Client.

 

11. Force Majeure: Neither party shall be liable for any failure or delay in performance under this contract due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, or governmental actions. This includes any performance of  marketing, sales, or any other service provided.

 

12. Notices: Any notices required or permitted under this contract shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next-day delivery by recognized overnight delivery service.

 

13. Supremacy Clause: In the event of any conflict or inconsistency between the provisions of a Contract and any other agreements or documents referenced herein or executed pursuant to a Contract, the provisions of a Contract shall prevail and control. Any conflicting terms in such other agreements or documents are hereby amended to conform to the terms of a Contract. The most recent agreement with a Supremacy Clause between one Client and the Service Provider shall control in the event of multiple Supremecy Clauses among multiple contracts.

 

14. Validity of Written and Recorded Agreements: Any agreements, promises, or undertakings made in writing, including but not limited to emails, or by video recording between the parties, shall be considered as valid and binding as a formal contract. Such agreements shall have the same legal force and effect as if they were set forth in a traditional signed document, provided that the intent to be bound by the terms is clearly demonstrated.

 

15. Modification of Terms: Selworthy reserves the right to modify or amend the terms of service at any time, for any reason, at its sole discretion. Any changes will become effective immediately upon notice to the other party, which may be given by any reasonable means, including but not limited to updates on the company website or through direct communication.

 

16. Entire Agreement; Non-Reliance: This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior discussions and communications. The Client acknowledges that it is not relying on, and has not been induced by, any statement or representation not expressly contained in a Contract.

 

17. No Guarantees; Illustrative Statements; Past Performance: the Client acknowledges that (a) outcomes depend on factors outside Provider’s control, (b) any examples, projections, benchmarks, or testimonials are for illustration only and are not assurances of any particular result, and (c) historical results achieved for others are not indicative of future performance. Except for express warranties stated in this Agreement, the Services are provided “as is” and “as available,” and Provider disclaims all other warranties, express or implied, to the maximum extent permitted by law.

 

18. No Reliance on Marketing Materials: No statement in Provider’s marketing materials, proposals, or presentations shall be construed as a guarantee of results.

 

19. Respectful Conduct: The Client agrees to maintain professional and respectful communication with the Agency and its personnel at all times. Harassment, abusive language, or unreasonable demands shall constitute a material breach of a Contract. Penalties may be charged at Selworthy's discretion.

 

20. Outcome Disclaimer: The Service Provider provides marketing services on a best-efforts basis. While the Service Provider will use its professional skill, knowledge, and experience to deliver agreed-upon services, the Service Provider does not guarantee specific outcomes, financial results, rankings, conversions, or other measurable results.

 

21. Acknowledgment of Recording: By signing a Contract, both the Service Provider and Client acknowledge and accept that recordings of video, audio, written, and any other format can be made at any time by either party for any use.

 

22. Marketing Materials: The Client accepts usage of results of work done by the Service Provider to be used in promotions of the Service Provider's products and services without limitation, except for personally identifying materials. Any personally identifying materials require explicit consent from the Client.