The Prosperity Digital
Terms of Service
Effective Date: September 11, 2026
These Terms of Service (“Terms”) govern all marketing, advertising, social media, creative, consulting, content-production, and related services provided by Tanatswa Ncomo d/b/a The Prosperity Digital (“The Prosperity Digital,” “Agency,” “we,” “us,” or “our”) to the individual or entity purchasing or receiving Services (“Client,” “you,” or “your”).
These Terms, together with any signed proposal, service agreement, statement of work (“SOW”), order form, invoice, insertion order, campaign authorization, or other written document identifying Services to be provided (collectively, the “Agreement”), constitute the agreement between Agency and Client.
By signing an Agreement, electronically accepting these Terms, paying an invoice, authorizing Agency to begin work, or continuing to receive Services after being provided these Terms, Client acknowledges that Client has read, understood, and agreed to be bound by them.
These Services are intended primarily for business and commercial purposes.
Services
Agency provides social media marketing, digital marketing, advertising, content creation, consulting, and related services.
Depending upon Client's selected package or SOW, Services may include:
- Social media strategy
- Social media account management
- Content strategy and planning
- Content calendars
- Copywriting and captions
- Graphic design
- Photography
- Videography
- Short-form video production
- Long-form video production
- Video editing and post-production
- Organic social media posting
- Content scheduling
- Community management
- Paid advertising management
- Meta advertising
- Google advertising
- TikTok advertising
- YouTube advertising
- LinkedIn advertising
- Lead-generation campaigns
- Funnel or landing-page support
- Marketing consulting
- Brand strategy
- Analytics and reporting
- Email or SMS marketing support
- Creative testing
- Campaign strategy
- Other Services expressly stated in writing
Order of Precedence
If there is a conflict between these Terms and a Client-specific signed SOW, proposal, or service agreement, the Client-specific document will control solely with respect to the conflicting provision.
These Terms will continue to govern all matters not specifically modified by the Client-specific agreement.
Scope of Work
Client's deliverables, platforms, posting frequency, content volume, advertising services, production schedule, filming requirements, meetings, revision allowances, deadlines, and fees will be identified in the applicable proposal, package, or SOW.
Agency is not obligated to provide work beyond the agreed scope.
A request may constitute additional work if it:
- Adds deliverables
- Adds social platforms
- Adds advertisements or campaigns
- Requires additional filming
- Requires a new creative concept
- Materially changes an approved concept
- Adds locations
- Adds meetings or consulting
- Requires additional editing
- Adds versions, formats, or aspect ratios not included in the scope
- Requires work outside the agreed timeline
- Requires additional personnel, talent, equipment, or software
- Otherwise materially increases Agency's workload
Change Requests and Scope Creep
Agency may determine, in its reasonable professional judgment, whether a Client request constitutes a revision or a change in scope.
If a request constitutes a material scope change, Agency may: (1) decline the request; (2) provide a separate quote; (3) charge Agency's then-current hourly or project rate; or (4) modify the project timeline accordingly.
Client's desire to change strategy or creative direction after approval does not create an obligation for Agency to redo completed work without additional compensation.
Client Responsibilities
Client agrees to cooperate reasonably and timely with Agency.
Client is responsible for providing Agency with all information and resources reasonably necessary to perform the Services, including:
- Account access
- Administrative permissions
- Brand guidelines
- Logos
- Product or service information
- Offers and pricing
- Promotions
- Testimonials
- Business information
- Locations
- Products
- Employees or representatives needed for production
- Compliance instructions
- Necessary releases and permissions
- Approval of content and campaigns
- Timely feedback
Client Delays
Agency's timelines depend upon Client's timely cooperation.
If Client delays providing feedback, approvals, materials, access, products, credentials, information, or other required resources, deadlines will be extended as reasonably necessary.
Client-caused delays do not: suspend Client's payment obligations; change invoice due dates; entitle Client to a refund; automatically extend a monthly service period; or require Agency to prioritize delayed work over work scheduled for other clients.
If Client becomes unresponsive or prevents Agency from performing Services for more than 30 consecutive days, Agency may treat the affected work as paused or abandoned and reschedule it according to Agency's availability.
Recurring monthly fees remain due during a Client-caused delay unless Agency agrees otherwise in writing.
Content and Campaign Approval
Where Agency submits content, advertisements, videos, graphics, captions, scripts, campaigns, offers, or other material for approval, Client is responsible for reviewing that material promptly.
Unless otherwise agreed, Client should submit approvals or requested revisions within three (3) business days.
Client's approval confirms that Client has reviewed and approved the material for publication, including its factual accuracy, pricing, offers, product claims, testimonials, disclosures, promotions, brand representations, and legal or industry-specific statements.
Agency may rely on Client's approval. Agency will not be responsible for consequences arising from information or representations specifically supplied or approved by Client.
If Client fails to approve material on time, Agency may delay publication or adjust the content schedule. Agency is not responsible for reduced campaign performance, missed posting opportunities, expired promotions, or other consequences resulting from delayed Client approval.
Revisions
Unless a proposal or SOW states otherwise, deliverables include only the number of revisions specifically identified in Client's package.
A 'revision' means a reasonable adjustment to an existing deliverable that remains substantially consistent with the originally approved concept.
A revision does not include:
- Creating an entirely new concept
- Rewriting an approved concept from scratch
- Re-filming because Client changed its preference
- Re-filming because Client supplied incorrect information
- Replacing previously approved messaging
- Changing a campaign's strategy after approval
- Creating additional deliverables
- Changing an approved script after production
- Substantial restructuring of completed work
- Requests outside the original scope
Monthly Deliverables and No Rollover
Monthly service packages reserve Agency capacity for Client during the applicable month.
Unless expressly stated otherwise in writing: unused monthly deliverables, filming time, production time, consulting sessions, posts, edits, strategy hours, meetings, or other allocations expire at the end of the applicable service period and do not roll over into future months.
This provision applies when Agency was ready and able to perform the Services but Client did not provide the cooperation, scheduling, materials, approvals, or access necessary to use the allocated Services.
Fees
Client agrees to pay all fees stated in the applicable proposal, SOW, agreement, order form, or invoice.
Unless otherwise stated: monthly retainers are billed in advance; production deposits are due before production is scheduled; advertising-management fees do not include advertising spend; third-party expenses are separate; and work outside the agreed scope is separately billable.
Agency may require a valid payment method to remain on file for recurring Services.
Automatic Payment
Where Client enrolls in recurring Services, Client authorizes Agency and Agency's payment processor to automatically charge Client's authorized payment method for recurring fees.
Client is responsible for maintaining valid and current payment information.
Failure of a payment method does not eliminate Client's payment obligations.
Non-Refundable Fees
To the maximum extent permitted by applicable law, payments for Services are non-refundable once the applicable service period has begun or Agency has begun reserving resources, performing strategy, production, creative, advertising-management, or other work for that period.
Client understands that recurring retainers compensate Agency not only for completed deliverables but also for reserved capacity, staffing, planning, account availability, and production resources.
Agency may issue a refund or credit in its sole discretion, but doing so on one occasion does not create an obligation to do so in the future.
Late Payments
Invoices are due on the date stated on the invoice.
Agency may suspend Services immediately when an invoice becomes overdue.
Where permitted by Texas law, unpaid balances may accrue interest at the lesser of: ten percent (10%) per year; or the maximum lawful rate applicable to the obligation.
Agency may also recover reasonable costs of collecting valid outstanding amounts, including collection-agency costs, court costs, and reasonable attorneys' fees where recoverable by law.
Agency is not responsible for campaign interruption, paused advertisements, missed publishing dates, lost opportunities, or other consequences resulting from suspension for nonpayment.
Agency may require full payment of outstanding balances before Services resume.
Chargebacks and Payment Disputes
Client agrees to contact Agency in good faith regarding any billing dispute before filing a payment chargeback or reversal.
A chargeback does not eliminate Client's contractual payment obligations.
If Client initiates a chargeback involving validly authorized or performed Services, Agency may: immediately suspend Services; terminate the Agreement; suspend access to unpaid deliverables; submit evidence supporting the transaction to the payment processor; refer the balance for collection; and exercise other rights available under the Agreement or applicable law.
Agency may provide the applicable financial institution or processor with Agreements, invoices, communications, proof of delivery, account logs, approvals, campaign records, deliverables, and other reasonably relevant evidence.
Advertising Spend
Unless expressly stated otherwise, Client's advertising spend is not included in Agency's management fee.
Client is responsible for media spend charged by advertising platforms.
Advertising spend may include payments to platforms including: Meta, Facebook, Instagram, Google, YouTube, TikTok, LinkedIn, X, and other advertising networks.
Advertising spend is paid directly by Client unless another arrangement is expressly stated in writing.
Agency does not guarantee reimbursement or credits from an advertising platform for disputed, fraudulent, accidental, rejected, or ineffective advertising spend.
Third-Party Expenses
Client is responsible for approved third-party expenses required to perform Client's Services.
These may include:
- Models
- Actors
- Influencers
- Creators
- Voiceover artists
- Makeup artists
- Production personnel
- Locations
- Studios
- Permits
- Props
- Travel
- Lodging
- Stock media
- Premium music
- Specialty equipment
- Software
- Hosting
- Domains
- SMS charges
- Email-platform usage
- Printing
- Shipping
- Other external costs
No Guarantee of Marketing Results
Client acknowledges that marketing and advertising outcomes depend on numerous variables outside Agency's control.
Agency does not guarantee any particular marketing, financial, or business result.
Agency does not guarantee: revenue; profit; sales; customers; appointments; leads; lead quality; cost per lead; cost per acquisition; return on advertising spend; return on investment; website traffic; followers; views; impressions; engagement; reach; search ranking; conversion rate; virality; audience growth; or any other specific performance result.
Any forecast, goal, projection, estimate, target, case study, testimonial, historical result, or example discussed by Agency is illustrative and does not constitute a guarantee.
Past performance does not guarantee future results.
Client's Sales and Business Performance
Agency provides marketing Services, not a guarantee of business success.
Unless expressly included in Client's scope, Agency is not responsible for: Client's sales team; response time; lead follow-up; appointment attendance; sales calls; lead qualification; sales scripts; closing rates; product quality; product availability; pricing; customer service; fulfillment; shipping; refunds; customer retention; business operations; or profitability.
Client remains solely responsible for converting marketing opportunities into business results.
Leads
Where Agency generates leads, Agency does not warrant that any particular lead: is qualified; has purchasing authority; has sufficient funds; will answer Client; will schedule an appointment; will attend an appointment; will make a purchase; or will become a customer.
Agency is not responsible for Client's failure to contact, follow up with, qualify, close, or appropriately service leads.
Third-Party Platform Risk
Agency does not own or control third-party platforms.
Third-party platforms may change their policies, algorithms, technology, fees, targeting capabilities, data access, account requirements, APIs, community standards, or advertising rules at any time.
Agency does not guarantee continued access to any third-party platform.
Agency is not responsible for losses caused by: account suspension; account restriction; account termination; advertising-account disablement; page or profile deletion; advertisement rejection; algorithm changes; organic reach changes; platform outages; API changes; tracking failures; data loss; verification requirements; platform policy changes; or other third-party actions outside Agency's reasonable control.
Agency will reasonably cooperate with Client to address platform problems when included in the scope, but Agency cannot guarantee restoration of an account or reversal of a platform decision.
Analytics and Attribution
Client understands that digital-marketing attribution is inherently imperfect.
Tracking may be affected by: cookie restrictions; privacy regulations; device settings; browser settings; mobile operating systems; advertising-platform restrictions; ad blockers; consent settings; cross-device behavior; offline conversions; deleted cookies; platform attribution models; and third-party tracking limitations.
Agency does not warrant that any analytics system will identify every sale, lead, conversion, or customer journey accurately.
Client Legal Compliance
Client is responsible for ensuring its business, products, services, promotions, representations, and offers comply with applicable law.
Client warrants that information and claims supplied to Agency are truthful and legally permissible.
Client must inform Agency of regulatory requirements applicable to Client's industry.
This may include requirements affecting industries such as: healthcare; financial services; legal services; real estate; insurance; alcohol; supplements; employment; sweepstakes; contests; children's products; or other regulated industries.
Agency does not provide legal, tax, medical, financial, accounting, or regulatory advice.
Prohibited Requests
Agency may refuse to create, publish, advertise, or distribute material that Agency reasonably believes is: illegal; fraudulent; misleading; defamatory; infringing; deceptive; discriminatory; unsafe; in violation of platform policies; or materially harmful to Agency's reputation or legal interests.
Such refusal does not constitute breach of the Agreement.
Client-Provided Materials
Client retains ownership of materials Client provides to Agency.
Client grants Agency a non-exclusive, worldwide, royalty-free license during the Agreement to use such materials as reasonably necessary to perform Services.
Client represents and warrants that it owns or has obtained sufficient rights to use all materials supplied to Agency.
This includes: logos; photos; video footage; music; graphics; trademarks; testimonials; customer information; images; written content; and other intellectual property.
Intellectual Property — Final Deliverables
After Client has paid all amounts due under the Agreement, Client will receive the rights expressly granted to Client in final approved custom deliverables created specifically for Client.
Such transfer does not include Agency Materials or third-party materials.
No intellectual-property transfer occurs for unpaid deliverables.
Agency Materials
Agency retains all rights in Agency's pre-existing or reusable: systems; processes; templates; marketing frameworks; workflows; strategies; prompts; automation systems; production methods; advertising structures; internal documents; checklists; editing systems; know-how; software configurations; and other proprietary materials.
Client's payment for Services does not transfer ownership of Agency's underlying business methods or systems.
Third-Party Licensed Material
Deliverables may contain third-party materials licensed subject to separate terms.
Examples include: stock footage; stock photography; fonts; music; sound effects; plugins; templates; and software-generated assets.
Agency cannot transfer rights greater than those Agency has received from the applicable licensor.
Client agrees to comply with applicable third-party license restrictions.
Raw Footage and Source Files
Unless specifically included in writing, Agency's fee does not include: raw video footage; RAW photographs; Premiere Pro project files; After Effects project files; Photoshop files; Illustrator files; DaVinci Resolve projects; editable Canva templates; design source files; working files; internal strategy documents; advertising templates; or other source materials.
Agency may make such materials available for an additional fee.
File Retention
Agency is not required to store Client files indefinitely.
Unless otherwise agreed in writing, Agency may delete raw footage, source files, drafts, project files, and archived project materials 90 days after final delivery, cancellation, or termination.
Client is responsible for downloading and maintaining backups of final deliverables.
Agency is not responsible for Client's failure to preserve delivered files.
Portfolio Rights
Unless Client and Agency agree otherwise in writing, Client grants Agency permission to display publicly released work created for Client for Agency's legitimate self-promotional purposes.
Agency may display such work in: Agency's website; social media; portfolio; sales materials; presentations; case studies; award submissions; and pitch materials.
Agency will not intentionally disclose Client's confidential information when exercising these rights.
Confidential or white-label arrangements must be agreed to in writing.
Account Access and Security
Client will provide Agency with the account access reasonably necessary to perform Services.
Agency may use appropriate employees, subcontractors, software, scheduling tools, advertising tools, analytics systems, password-management tools, and related technology.
Client remains responsible for maintaining ownership and primary administrative control of Client accounts where reasonably possible.
Client should maintain multi-factor authentication and commercially reasonable security practices.
Agency is not responsible for unauthorized access resulting from compromised Client passwords, Client devices, Client employees, or Client-controlled systems.
Artificial Intelligence and Automation
Agency may use commercially available artificial intelligence, automation, editing, analytics, research, scheduling, transcription, copywriting, image-processing, and other technology tools to assist in providing Services.
Agency remains responsible for delivering work consistent with the agreed scope.
Client must notify Agency in writing before Services begin if Client has specific contractual, regulatory, confidentiality, security, or internal-policy restrictions concerning artificial intelligence or third-party technology.
Client should not provide highly sensitive or legally restricted information to Agency unless Agency has expressly agreed in writing to receive and process that information.
Confidentiality
Each party may receive non-public confidential information belonging to the other.
Each party agrees to use reasonable care to protect confidential information and to use it only for purposes related to the Agreement.
Confidential information does not include information that: is publicly available through no breach of this Agreement; was already lawfully known by the receiving party; is lawfully received from another source without confidentiality obligations; or is independently developed without using the other party's confidential information.
A party may disclose confidential information when legally compelled to do so.
Subcontractors
Agency may engage employees, contractors, editors, videographers, photographers, media buyers, copywriters, graphic designers, developers, virtual assistants, consultants, or other subcontractors to perform portions of the Services.
Agency retains discretion over staffing and workflow unless a Client-specific agreement expressly states otherwise.
Filming and Production Scheduling
Where Services include scheduled production, Client must provide at least 48 hours' notice to request rescheduling.
A filming session cancelled or rescheduled with less than 48 hours' notice may be considered used and may require payment of a new production or rescheduling fee.
Client is responsible for obtaining permission for Agency to access and film at Client-controlled locations unless otherwise agreed.
Client is also responsible for making necessary employees, products, properties, locations, and participants available at the agreed time.
Talent and Appearance Releases
Unless specifically included in Agency's scope, Client is responsible for securing appropriate authorization from individuals Client asks Agency to photograph, record, feature, interview, or otherwise include in content.
Where Agency directly hires professional talent, Agency may obtain appropriate production releases from that talent.
Travel
Travel outside Agency's normal service area may result in additional charges.
Travel charges may include: mileage; airfare; rental vehicles; rideshare; parking; tolls; hotels; per diem; baggage; equipment transportation; and other reasonable travel costs.
Applicable travel costs should be approved before they are incurred where reasonably practicable.
Term
The initial term of Services will be stated in Client's applicable proposal, SOW, or service agreement.
If no fixed term is specified, recurring Services will operate month-to-month.
Automatic Renewal
If the applicable Agreement provides for recurring Services, Services will automatically renew for successive monthly periods unless either party provides proper notice of cancellation.
Client authorizes recurring billing during renewal periods.
Client Cancellation
Unless a Client-specific agreement specifies a different cancellation period, Client must provide at least 30 days' written notice to cancel recurring Services.
Cancellation becomes effective at the conclusion of the applicable notice period or current paid service period, as applicable.
Amounts already earned, billed, or paid are non-refundable to the extent permitted by law.
Client remains responsible for: outstanding invoices; work already performed; authorized third-party expenses; non-cancellable commitments; and other amounts properly incurred before termination.
Fixed-Term Agreements
Where Client commits to a fixed-term agreement, such as a three-month, six-month, or twelve-month engagement, Client is responsible for satisfying any minimum commitment or early-termination provision stated in the Client-specific Agreement.
Agency will not impose an unstated early-termination penalty.
Termination by Agency
Agency may suspend or terminate Services if Client: fails to make required payments; repeatedly fails to communicate; repeatedly prevents Agency from performing the Services; breaches the Agreement; requests illegal or deceptive conduct; misuses Agency's work; harasses or threatens Agency personnel; engages in fraudulent activity; creates unreasonable security risk; causes material reputational risk to Agency; or otherwise materially breaches the relationship.
Where reasonably appropriate, Agency may give Client an opportunity to cure a breach.
Agency may terminate immediately when Agency reasonably determines immediate action is necessary to protect Agency, its personnel, its accounts, a third party, or the public.
Effect of Termination
Upon termination: all outstanding invoices become due; Agency may stop providing Services; Agency may remove Agency personnel from Client accounts; Client must discontinue use of unpaid Agency-owned work; paid final deliverables then due to Client will be handled in accordance with the Agreement; and provisions intended to survive termination will continue in effect.
Termination does not eliminate obligations incurred before termination.
Warranties
Agency agrees to perform Services in a professional and commercially reasonable manner.
Except for that commitment and to the maximum extent permitted under applicable law, Services and deliverables are provided 'AS IS' and 'AS AVAILABLE.'
Agency disclaims other warranties, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose, to the extent legally permitted.
Limitation of Liability
To the maximum extent permitted by applicable law, The Prosperity Digital and Tanatswa Ncomo will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or relating to the Agreement.
This includes claims for: lost profits; lost revenue; lost business; lost opportunities; lost customers; lost data; loss of goodwill; or consequential advertising or marketing losses.
To the maximum extent permitted by law, Agency's total aggregate liability arising out of or relating to the Services or Agreement will not exceed the total service fees actually paid to Agency by Client during the three (3) months immediately preceding the event giving rise to the claim.
The foregoing limitations will not apply where applicable law prohibits their enforcement.
Client Indemnification
To the maximum extent permitted by law, Client agrees to defend, indemnify, and hold harmless Tanatswa Ncomo d/b/a The Prosperity Digital, and Agency's employees, contractors, representatives, and agents from third-party claims, liabilities, judgments, damages, losses, costs, and reasonable attorneys' fees arising from or relating to: Client's products or services; Client's business operations; Client-provided materials; Client's unlawful conduct; Client's breach of the Agreement; false or misleading information supplied by Client; intellectual-property claims concerning Client-provided materials; Client's representations or warranties to customers; Client's fulfillment obligations; Client's refund policies; Client's products; Client's customer disputes; Client's violation of third-party platform rules; or Client's violation of applicable law.
Agency will reasonably notify Client of covered third-party claims and cooperate with a reasonable defense.
Force Majeure
Neither party will be liable for delay or failure to perform caused by circumstances beyond that party's reasonable control.
Such circumstances may include: severe weather; natural disasters; fire; war; terrorism; civil unrest; government action; epidemics or pandemics; labor disruption; transportation interruption; internet failures; electrical outages; platform outages; supply-chain interruptions; equipment failure despite reasonable precautions; or failure of critical third-party providers.
This provision does not excuse payment for Services already rendered or expenses already incurred.
Independent Contractor
Agency is an independent contractor.
Nothing in the Agreement establishes an employment relationship, partnership, franchise, fiduciary relationship, joint venture, or agency relationship between Client and The Prosperity Digital.
Neither party has authority to bind the other except as expressly agreed in writing.
Non-Exclusivity
Unless Client purchases exclusivity through a written Agreement, Agency may provide Services to other individuals and businesses, including businesses operating within Client's industry or geographic market.
No industry, geographic, category, or competitor exclusivity will be implied.
Communication
Client agrees to use the communication methods designated by Agency for normal project communication.
Agency is not required to provide immediate responses outside Agency's normal business hours.
Unless otherwise agreed in writing, Agency does not guarantee availability during weekends, federal holidays, or outside ordinary business hours.
Formal Notices
Formal notices concerning: cancellation; breach; termination; payment disputes; or legal disputes must be sent in writing.
Notice to Agency must be sent to: The Prosperity Digital, Attn: Tanatswa Ncomo, 911 White River Drive, Allen, Texas 75013, Email: tee@theprosperitydigital.com.
Client notices may be sent to the primary business email Client provided to Agency.
An email will be treated as delivered when transmitted unless the sender receives notice that delivery failed.
Good-Faith Dispute Resolution
Before filing a lawsuit or commencing arbitration, the parties agree to make a good-faith effort to resolve disputes informally.
The complaining party must provide written notice describing: the nature of the dispute; relevant facts; the requested resolution; and supporting documentation reasonably available.
The parties will have 30 days after receipt of the written notice to attempt informal resolution before initiating formal proceedings, except where emergency injunctive relief is reasonably necessary.
Binding Arbitration
Except for claims that may properly be brought in small-claims court and requests for temporary or emergency injunctive relief, any dispute arising out of or relating to the Agreement, Services, or business relationship between Agency and Client that cannot be resolved informally will be resolved through binding individual arbitration, to the extent permitted by applicable law.
The arbitration will occur in the Texas county in which Agency maintains its principal place of business unless the parties agree otherwise.
The arbitration will be administered under mutually agreed commercial arbitration procedures. If the parties cannot agree on an administrator, either party may seek appointment or relief as permitted by applicable arbitration law.
Judgment on an arbitration award may be entered by a court having jurisdiction.
Nothing in this provision prevents either party from pursuing qualifying claims in small-claims court.
Individual Claims
To the maximum extent permitted by law, disputes will be resolved on an individual basis.
Neither party will seek to have a dispute heard as a class, collective, consolidated, or representative action unless applicable law prohibits enforcement of this provision.
Governing Law
The Agreement and any dispute arising from it will be governed by the laws of the State of Texas, without regard to conflict-of-laws principles.
Where federal law applies, applicable federal law will control.
Venue
For disputes that are not subject to arbitration, the parties consent, to the extent legally permissible, to venue in the state or federal courts serving the Texas county in which Agency maintains its principal place of business.
Electronic Transactions and Signatures
The parties agree to conduct transactions electronically where appropriate.
Electronic signatures, electronic records, digital acceptance, online acceptance, and electronically executed Agreements may be used to establish the parties' agreement to the extent permitted by applicable law.
A copy or electronically stored version of an Agreement may be treated as an original.
Assignment
Client may not assign the Agreement without Agency's prior written consent.
Agency may assign the Agreement in connection with: a business sale; merger; reorganization; transfer of substantially all relevant business assets; or transfer to an affiliated or successor business, subject to applicable law.
Severability
If a court or arbitrator determines that any provision of the Agreement is invalid or unenforceable, that provision will be enforced to the maximum lawful extent or severed where appropriate.
The remaining provisions will continue in full force and effect.
No Waiver
A party's failure to enforce a provision does not waive its right to enforce that provision later.
A waiver concerning one breach does not constitute a waiver concerning another breach.
Survival
Provisions that by their nature are intended to continue after termination will survive termination.
This includes provisions concerning: payment obligations; intellectual property; confidentiality; liability limitations; indemnification; dispute resolution; governing law; and other accrued rights and obligations.
Entire Agreement
These Terms and all incorporated Client-specific Agreements constitute the entire agreement between Agency and Client regarding the Services.
They supersede previous oral or written discussions concerning the same Services except where a written agreement expressly provides otherwise.
Client acknowledges that Client is not relying on promises or guarantees not contained in the Agreement.
Amendments
Client-specific amendments must be agreed to in writing.
Agency may update its general Terms for future purchases, renewals, or service periods by providing reasonable notice where required by applicable law.
Material amendments will not retroactively modify already-completed Services unless both parties agree.
Authority to Enter Agreement
Any individual accepting the Agreement on behalf of a business represents that the individual has authority to bind that business.
If the individual lacks that authority, that individual may be personally responsible to the extent permitted by law for obligations resulting from the unauthorized representation.
Acknowledgment
By signing a proposal or service agreement, electronically accepting these Terms, paying an invoice referencing these Terms, submitting payment for Services, or directing Agency to begin Services after receiving these Terms, Client acknowledges that Client: has read these Terms; understands these Terms; has had the opportunity to seek independent legal advice; understands that marketing results are not guaranteed; and agrees to be bound by the Agreement.
Agency Information
Business / Contracting Party: Tanatswa Ncomo d/b/a The Prosperity Digital
Business Name: The Prosperity Digital
Business Address: 911 White River Drive, Allen, Texas 75013
Email: tee@theprosperitydigital.com
Website: https://theprosperitydigital.com/
State: Texas
Effective Date: September 11, 2026
Last Updated: September 11, 2026