Terms of Service

1. Services

Sparkware Solutions provides digital marketing, web development, automation workflows, and CRM implementation services, including but not limited to Go High Level-based solutions.

Service specifics, timelines, and deliverables will be outlined in separate project proposals, agreements, or statements of work (SOWs).

2. Client Responsibilities

You agree to:

• Provide required content, credentials, and approvals in a timely manner
• Ensure you have the legal right to share all data and materials provided to us
• Use our services only for lawful purposes
• Maintain compliance with applicable laws, including data protection and marketing/communications regulations

3. Payments

Fees, billing schedules, and payment terms will be defined in individual proposals or invoices. Unless otherwise agreed:

• Payments are due in full before project commencement or per milestone
• Late payments may incur interest, late fees, or suspension of service
• All fees are non-refundable unless otherwise stated in writing

4. Intellectual Property

Unless otherwise agreed in writing:

• You retain ownership of all content and data you provide
• We retain ownership of pre-existing materials, templates, know-how, and reusable components we develop
• Upon full payment, you are granted a non-exclusive, non-transferable license to use deliverables for your internal business purposes, unless rights are transferred in writing

5. Use of Third-Party Tools

We may use third-party platforms (e.g., Go High Level, hosting providers, automation tools, analytics, messaging providers) to deliver our services. Your use of those platforms may be subject to their respective terms and policies. We are not liable for third-party outages, service interruptions, or changes outside of our control.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement, unless disclosure is required by law.

7. SMS Terms and Communications

8. Data Protection

Our handling of personal data is governed by our Privacy Policy and, where applicable, a Data Processing Agreement. You are responsible for ensuring your use of our services complies with applicable privacy laws (e.g., GDPR, CCPA/CPRA).

9. Warranties and Disclaimers

We strive to deliver high-quality services, but:

• All services are provided “as is” without warranties of any kind
• We do not guarantee specific results, uptime, or platform compatibility
• You assume responsibility for how you use deliverables, content, automations, and communications features

10. Limitation of Liability

To the maximum extent permitted by law, Sparkware Solutions shall not be liable for any indirect, incidental, special, or consequential damages, including lost profits, business interruption, or data loss, arising out of or related to the use of our services.

Total liability for any claim shall not exceed the total amount paid to us for the specific service in dispute.

11. Termination

Either party may terminate the engagement with written notice. Upon termination:

• You must pay for all services rendered up to the termination date
• We may retain work-in-progress until outstanding invoices are paid
• Certain terms (e.g., confidentiality, IP rights, limitations) will survive termination

12. Governing Law

These Terms shall be governed by and interpreted under the laws of the Commonwealth of Virginia, without regard to conflict of law principles.

13. Modifications

We may update these Terms at any time. Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.

14. Contact