Terms of Service

Last Updated: April 2025

1. Acceptance of Terms

By accessing and using the website and services of NewWorldProjectAgency ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to abide by the above, please do not use this service. The Company reserves the right to update these terms at any time without prior notice. Your continued use of the website following any such changes constitutes your acceptance of the new Terms of Service.

2. Description of Services

NewWorldProjectAgency provides a comprehensive range of digital services including strategy and analytics, branding and design, web and mobile development, and digital marketing services. Our services are provided on a project-by-project basis under individual Service Agreements. These Terms of Service apply to all services provided by our Company unless a separate written agreement specifies otherwise.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will make reasonable efforts to provide notice of significant changes, but we are not obligated to do so in all circumstances.

3. Client Obligations and Responsibilities

As a client of NewWorldProjectAgency, you agree to:

4. Payment Terms and Pricing

Pricing for our services is determined on a project-specific basis and outlined in individual Service Agreements or proposals. Unless otherwise specified, payment terms are as follows:

We accept payment via bank transfer, credit card, and other methods as specified in the invoice. All payments must be made in the currency specified in the agreement.

5. Intellectual Property Rights

Your Content: You retain all ownership rights to content and materials you provide to us. By providing content, you grant us a license to use, modify, and incorporate it into the deliverables for your project.

Our Work Product: Upon full payment for services, the completed work product created specifically for your project becomes your property. This includes design files, code, and other deliverables specified in the Service Agreement. However, we retain the right to use general methodologies, processes, and tools developed during our work.

Pre-existing Materials: We retain ownership of all pre-existing materials, templates, frameworks, and reusable components created before or outside the scope of your project.

Third-Party Materials: Our services may incorporate licensed third-party materials, fonts, stock images, or open-source components. You agree to comply with the licenses of such materials. We are not responsible for any third-party infringement claims.

6. Confidentiality

Both parties agree to maintain the confidentiality of sensitive business information shared during the engagement. Confidential information includes project details, pricing, strategies, client lists, and proprietary techniques. This obligation does not apply to information that is:

7. Limitation of Liability

To the fullest extent permitted by law, neither party shall be liable to the other for indirect, incidental, special, consequential, or punitive damages arising from or related to these Terms of Service, including loss of profits, data loss, business interruption, or reputational harm, even if advised of the possibility of such damages.

Our total liability for any claim arising from these Terms of Service shall not exceed the total fees paid by you to us in the 12 months preceding the claim. Some jurisdictions do not allow the exclusion of certain types of damages, so some limitations may not apply to you.

8. Warranties and Disclaimers

Services Warranty: We warrant that our services will be performed in a professional manner consistent with industry standards. We will make reasonable efforts to deliver high-quality work on schedule.

Disclaimer: Except as expressly stated above, our services are provided "as is" without warranty of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Guarantee of Results: While we work diligently to achieve your business objectives, we cannot guarantee specific results from our digital marketing, SEO, or advertising services. Results depend on many factors including market conditions, competition, and implementation of our recommendations.

Website Availability: We make reasonable efforts to maintain website availability but do not warrant that our website will be uninterrupted, error-free, or free from harmful components.

9. Termination of Services

Either party may terminate a service engagement under the following conditions:

Upon termination, the client remains responsible for payment of all work completed through the termination date. We will provide deliverables completed to that point, and clients may request return of confidential materials.

10. Indemnification

Client Indemnification: You agree to indemnify, defend, and hold harmless NewWorldProjectAgency from any claims, damages, or costs (including legal fees) arising from:

Our Indemnification: We will indemnify you against claims that our work product, as delivered, infringes third-party intellectual property rights, provided you used it as intended and did not modify it without our consent.

11. Acceptable Use Policy

You agree not to use our website or services for any unlawful purpose or in any way that could damage, disable, or impair our systems or services. Prohibited activities include:

12. Changes and Scope Modifications

Additional work or changes to the original scope of services may result in additional fees and timeline adjustments. Scope changes must be documented in writing and approved by both parties. We will provide cost and timeline estimates for scope modifications before proceeding.

13. Dispute Resolution

Any disputes arising from these Terms of Service or our services will first be addressed through good-faith negotiation between the parties. If negotiation fails, disputes will be resolved through binding arbitration in Switzerland under Swiss law, rather than litigation in court. Each party bears its own arbitration costs unless otherwise determined by the arbitrator.

14. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. You irrevocably submit to the jurisdiction of the courts located in Switzerland.

15. Entire Agreement

These Terms of Service, together with any Service Agreement, proposal, and exhibits, constitute the entire agreement between you and NewWorldProjectAgency regarding the services provided. They supersede all prior negotiations, representations, and agreements. If any provision of these terms is found invalid, the remaining provisions will continue in full force and effect.

16. Severability

If any provision of these Terms of Service is found to be unenforceable by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

17. Waiver

The failure of either party to enforce any provision of these Terms of Service shall not constitute a waiver of that provision or any other provision. Any waiver of any provision must be in writing and signed by both parties.

18. Assignment

You may not assign these Terms of Service or any rights or obligations without our prior written consent. We may assign these terms to a successor company or entity. Any attempted assignment by you without consent will be void.

19. Communication and Contact Information

For questions about these Terms of Service, service inquiries, or to provide notice, please contact us at:

NewWorldProjectAgency

Email: legal@newworldproject.agency

Mail: Route de l'Industrie 71, 1784 Courtepin, Switzerland

Important: These Terms of Service govern your relationship with NewWorldProjectAgency. By continuing to use our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you have any questions or concerns, please contact us immediately.