Terms of Service

Effective Date: 01/01/2025

Last Updated: 01/01/2025

Welcome to Wizel Digital.

These Terms of Service ("Terms") govern your use of our consulting services ("Services") provided by Wizel Digital ("we", "us", or "our"). By engaging with us, you ("Client", "you") agree to these Terms. If you do not agree, please do not use our Services.

1. Services Overview

We provide email marketing consulting and implementation services, primarily using Klaviyo, to eCommerce and other businesses. Services include but are not limited to:

• Strategy development
• Flow and campaign setup
• One-off consulting sessions
• Monthly retainers
• Audits and deliverability support
• Ongoing reporting and optimization

2. Engagement & Payment

a. One-Off Projects:

All one-off projects require a 50% non-refundable deposit upfront before work begins. The remaining 50% will be invoiced upon completion or according to mutually agreed milestones. Work will not commence until the deposit is received.

b. Monthly Retainers:

For monthly retainer clients, full payment is due one (1) week before the start of the upcoming month. This ensures we have adequate time to plan and resource your calendar schedule in advance. Work for the upcoming month will not be scheduled or executed without timely payment.

c. Payment Terms:

All invoices are due within 7 days unless otherwise agreed. Late payments may result in service suspension or late fees. We reserve the right to charge interest at 1.5% per month on overdue balances.

3. Client Responsibilities

You agree to provide all necessary access to platforms such as Klaviyo, Shopify, or others relevant to your project.

You warrant that all materials you provide (e.g., images, copy, customer data) are owned by you or properly licensed.

You are responsible for ensuring your compliance with privacy and email marketing laws (e.g., GDPR, CAN-SPAM, Spam Act 2003).

4. Confidentiality

Both parties agree to keep confidential information private and not disclose it to third parties without written consent, except as required by law or for service delivery.

5. Intellectual Property

You retain all rights to your existing content and customer data.

We retain ownership of our proprietary tools, templates, strategies, and methodologies used or created during the engagement.

Unless otherwise agreed, custom work we create for you as part of a project will be yours upon full payment.

6. Limitation of Liability

To the maximum extent permitted by law:

• Wizel Digital is not liable for indirect, incidental, or consequential damages.
• Our total liability in connection with any service shall not exceed the amount you paid us for that service.
• We are not responsible for losses resulting from third-party platforms, software outages, deliverability issues, or misuse of our recommendations.

7. Termination

One-off projects may be terminated by either party with written notice. If terminated before completion, you will be billed for work completed to date.

Monthly retainers may be canceled by either party with 30 days’ written notice. Prepaid fees are non-refundable unless otherwise agreed.

8. Non-Solicitation

You agree not to solicit or hire our contractors or employees during the engagement and for 12 months after its end.

9. Governing Law

These Terms are governed by:

• USA: Laws of the State of Wyoming
• UK: Laws of England and Wales
• Australia: Laws of New South Wales

You agree that any disputes will be handled exclusively in the relevant jurisdiction's courts.

10. Changes to Terms

We may update these Terms from time to time. You’ll be notified of significant changes, and continued use of our services constitutes acceptance of the revised Terms.

11. Contact

For questions or concerns about these Terms, contact us at:

Wizel Digital
📧 johnny@wizeldigital.com
🌍 www.wizeldigital.com