1. Introduction

Welcome to Snapmarket. These terms and conditions outline the rules and regulations for the use of Snapmarket’s services.

By engaging Snapmarket’s services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our services. These terms and conditions automatically apply to any and all transactions by and between Snapmarket and client when no separate agreement has been signed by the parties.

2. Intellectual Property Rights

Ownership: All commissioned marketing content, designs, software, documentation, and materials (“Deliverables”) provided by Snapmarket for the client during the project remain the intellectual property of Snapmarket until full payment is received. The processes and means of providing services remain the intellectual property of Snapmarket.

‍Client Materials: Any materials provided by the client for use in the project remain the property of the client. The client grants Snapmarket a limited, non-exclusive license to use such materials for the duration of the project. Snapmarket may retain materials to expedite future projects for the client. Clients may request their data to be deleted at any time.

‍Deliverables: Upon full payment, the client will own the final deliverables. Unless otherwise granted, the processes and means of creating the final deliverables will remain the intellectual property of Snapmarket. Snapmarket may retain deliverables to expedite future projects for the client. If a project is paid up front, clients may request delivery of deliverables at any time and will be delivered to the extent completed.

Marketing: Snapmarket retains the right to use any created content for portfolio and marketing purposes, unless otherwise agreed in writing.

3. Service Scope and Deliverables

Description of Services: Snapmarket provides a range of marketing services as described in our service catalog. Each service includes specific input requirements, deliverables, and timelines. For a detailed description of our pricing and levels of service, please visit snapmarket.co/pricing and snapmarket.co/catalog.

‍Changes and Revisions: Any changes or revisions requested by the client after the project has commenced may incur additional charges or time delays. All changes must be documented and agreed upon by both parties.

‍Approval: The client is responsible for reviewing and approving all deliverables. Approval must be given in writing (comments via the Snapmarket App, Slack, or email are acceptable) before final delivery. Clients may waive the approval step. Any waiver of approval must be in writing.

Collaboration Tools: Snapmarket will use our own branded collaboration tools for project management and communication. Snapmarket will not take on a client's email address alias, and all project management and work will remain within Snapmarket's workspaces.

4. Software Hosting and Uptime

Hosting Services: Snapmarket may provide hosting services for certain deliverables, such as websites. We strive to maintain a high level of uptime but do not guarantee 100% availability. Snapmarket does not guarantee any specific results from use of our services. Upon termination, client may transfer hosted data and services to another provider. Client retains ownership of its data but loses access to Snapmarket’s proprietary systems.

‍Maintenance and Downtime: Scheduled maintenance will be communicated in advance. Unscheduled downtime due to unforeseen circumstances will be addressed promptly, but Snapmarket is not liable for any loss or damage resulting from such downtime.

‍Third-Party Services: Snapmarket may use third-party services to host or manage deliverables. We are not responsible for the uptime or performance of these third-party services.

5. Contractors and Sub-Processors

Use of Contractors: Snapmarket may engage contractors or sub-processors to assist in delivering services. All contractors are bound by confidentiality agreements and are required to comply with Snapmarket’s data protection policies.

Contractor Communication: From time to time, contractors may be authorized by Snapmarket to communicate directly with the client.

Responsibility: Snapmarket is responsible for the work of its contractors and sub-processors. Any issues or disputes arising from their Snapmarket-commissioned work will be handled by Snapmarket.

Privacy: View our Privacy Policy.

6. Payment Terms

Fees: Fees for services are detailed in the service catalog or other invoices and are payable up front before the commencement of any work. Any custom terms must be communicated in writing.

‍Partner Subscription Model: Clients subscribed to the Partner plan pay a monthly fee. This model operates similarly to a retainer and does not require upfront payment for each individual project. Clients may supplement their Partner subscription with additional paid projects. Clients agree to pay the monthly fee when due. Snapmarket will suspend services for non-payment and may choose to terminate the subscription.

Platform (formerly Project Pro) Subscription Model: Clients subscribed to the Platform plan pay a monthly fee to gain access to 3rd party marketing services managed by Snapmarket. Routine maintenance is covered by this plan, with the scope and nature of maintenance determined by Snapmarket. If a fix is determined to require additional payment, Snapmarket will communicate a quote to the client. Project work is purchased separately via the project catalog or custom invoice.

‍Refunds: Refunds are only available if Snapmarket fails to deliver the agreed-upon services. Partial refunds may be granted to account for any expenses incurred by Snapmarket. Refund requests must be submitted in writing and will be reviewed on a case-by-case basis.

Tax Clause: Unless otherwise stated, all fees and prices quoted by Snapmarket are inclusive of any applicable taxes, including but not limited to sales tax or value-added tax. If any additional taxes or duties are legally required, Snapmarket will clearly disclose them to the client prior to payment.

7. Confidentiality

Confidential Information: Both parties agree to keep all confidential information disclosed during the project confidential. Confidential information includes, but is not limited to, business plans, marketing strategies, financial information, and client data. "Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. The Receiving Party agrees to: (a) protect the confidentiality of the Confidential Information with at least the same degree of care used to protect its own confidential information, but no less than reasonable care; (b) not use any Confidential Information for any purpose outside the scope of this Agreement; and (c) limit disclosure of Confidential Information to those employees, agents, and subcontractors with a need to know for purposes of this Agreement and who are bound by confidentiality obligations at least as restrictive as those herein. Confidential Information does not include information now or that later becomes generally available to the public through no fault of the Disclosing Party.

‍Disclosure: Confidential information may only be disclosed to those employees, contractors, or agents who need to know such information for the purpose of delivering the project.

Privacy policy: View our privacy policy here.

8. Partnership Concept

Non-Legal Partnership: The term “Partnership” as used in these terms and conditions, on our website, and in any related marketing materials, does not imply a legal partnership as defined by corporate law. It is used solely to describe a collaborative working relationship.

‍No Joint Venture: The use of the term “Partnership” does not create a joint venture, agency, or fiduciary relationship between Snapmarket and the client.

‍Independent Entities: Both Snapmarket and the client remain independent entities and neither party has the authority to bind the other in any way without prior written consent.

9. Limitation of Liability

No Warranty: Snapmarket provides services "as is" without any warranties or representations, express or implied.

‍Liability: Snapmarket’s liability for any claim arising from the provision of services is limited to the amount paid by the client for those services. Snapmarket is not liable for any indirect, incidental, or consequential damages.

Indemnification: Client agrees to indemnify, defend and hold harmless Snapmarket and its officers, directors, employees, and agents from and against any claims liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to client’s use of the services or breach of these terms and conditions.

Force Majeure: Snapmarket shall not be deemed in breach of these Terms and Conditions or liable for any delay or failure to perform its obligations hereunder if such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, lockouts, acts of government or civil authorities, war, terrorism, or any other cause beyond Snapmarket’s reasonable control. In the event of a force majeure, Snapmarket’s obligations under this Agreement shall be postponed for the duration of the event, and Snapmarket shall use commercially reasonable efforts to minimize the impact on its performance.

10. Termination

Termination by Client: The client may terminate the project at any time with written notice. The client will be responsible for all costs incurred up to the date of termination. Subscription fees are not prorated and expire at the end of the subscription cycle.

‍Termination by Snapmarket: Snapmarket may terminate the project at any time with written notice. This may become necessary if the client fails to meet their obligations, including timely payment and providing necessary information. Written notice will be provided.

11. Right to Refuse Service

Snapmarket reserves the right to refuse service to any client or project that involves content or activities that promote violence, hate, sexually explicit material, or content that conflicts with Snapmarket's ethical standards. This decision is made at the sole discretion of Snapmarket and may be made at any time during the engagement.

12. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising out of or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts located in Tarrant County in Fort Worth, Texas, USA.

13. Amendments

Snapmarket reserves the right to amend these terms and conditions at any time.  These terms and conditions are updated periodically by Snapmarket and current versions supersede any and all prior terms and conditions promulgated by Snapmarket. Terms and conditions may be modified at any time solely by Snapmarket, and shall automatically become effective upon posting to the website.

14. Contact Information

For any questions or concerns regarding these terms and conditions, please contact Snapmarket at:

Email: legal@snapmarket.co

Client shall designate a primary point of contact for all communications with Snapmarket. Snapmarket will respond to inquiries in a timely manner.