Terms of Service

1. Acceptance of Terms

By accessing or using our website or services, you confirm that you are at least 18 years old, have the legal authority to enter into contracts, and agree to these Terms in full. If you do not agree to these Terms, you must not use our website or services.

2. Services Description

fbxmedia provides search engine optimisation (SEO) and digital marketing services including, but not limited to: SEO audits, technical SEO, on-page optimisation, link building, content creation, local SEO, ecommerce SEO, and content strategy. The specific scope of services for each client is outlined in the agreed Service Agreement or Statement of Work (SOW) executed between the parties.

3. Service Agreement & Engagement

Upon selecting a service plan and completing payment, a service agreement is formed between you and fbxmedia. The specific deliverables, timelines, and pricing are as stated in your chosen plan or custom proposal.

• Monthly Plans: Services are delivered on a rolling monthly basis. Your subscription renews automatically each month until cancelled.
• One-Time Projects: Delivered as agreed in the project scope document.
• Commencement: Services typically commence within 5 business days of payment confirmation.

4. Client Responsibilities

To enable fbxmedia to deliver services effectively, the Client agrees to:

• Provide timely access to website admin, Google Analytics, Google Search Console, and other required platforms
• Approve content, strategies, and recommendations in a timely manner (delays caused by the Client do not extend payment deadlines)
• Provide accurate, complete, and up-to-date information about their business, target audience, and goals
• Comply with all applicable laws and regulations relating to their business and website
• Ensure their website does not engage in any deceptive, fraudulent, or illegal activities
• Respond to communications within 5 business days

5. Payment Terms

5.1 Billing Cycle: Monthly plans are billed on the same date each month (the "billing anniversary"). Your first payment is due upon signing up.

5.2 Payment Methods: We accept Visa, Mastercard, American Express, and PayPal. All payments are processed securely via Stripe.

5.3 Automatic Renewal: Monthly subscriptions auto-renew on your billing anniversary. By providing your payment details, you authorise recurring charges.

5.4 Late Payments: If a payment fails, we will notify you and attempt re-billing after 3 business days. If payment remains outstanding after 14 days, we reserve the right to pause or suspend services until payment is received.

5.5 Price Changes: We will provide 30 days' written notice of any price changes. Continued use of the service after the price change takes effect constitutes acceptance of the new price.

6. Cancellation Policy

6.1 By the Client: You may cancel your subscription at any time by providing 30 days' written notice to hello@fbxmedia.com. You will continue to receive services until the end of the current billing period. No refunds are issued for the remaining portion of a billing period, except as provided in our Refund Policy.

6.2 By fbxmedia: We reserve the right to terminate this agreement immediately if: (a) you breach any of these Terms; (b) you fail to make payment; (c) you engage in activities that are illegal, harmful, or violate search engine guidelines; (d) it is determined that continuing the relationship would harm fbxmedia's reputation.

7. Intellectual Property

7.1 Your Content: You retain ownership of your website content, brand materials, and any pre-existing intellectual property you provide to us.

7.2 Our Deliverables: Upon full payment, all content, reports, and deliverables created by fbxmedia specifically for your campaign become your property. However, fbxmedia retains:

• The right to use anonymised campaign data for aggregate reporting and research
• Ownership of our proprietary methodologies, systems, templates, and tools
• The right to include your brand in our client portfolio and case studies (unless you opt out in writing)

7.3 Website Content: All content on fbxmedia.com including text, images, graphics, logos, and software is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or use any content from our website without prior written permission.

8. Disclaimer of Guarantees

SEO results depend on many factors outside fbxmedia's control, including Google algorithm changes, competitor activity, and market conditions. We do not guarantee specific ranking positions, traffic levels, or revenue outcomes. Our commitment is to apply best-practice, ethical SEO techniques and to work diligently toward the agreed goals. For more information, see our Disclaimer.

9. Limitation of Liability

To the maximum extent permitted by applicable law, fbxmedia's total liability to you for any claim arising from these Terms or our services shall not exceed the total fees paid by you to fbxmedia in the 3 months immediately preceding the claim.

In no event shall fbxmedia be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of data, loss of goodwill, business interruption, or any other intangible loss, even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless fbxmedia Ltd, its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: your use of our services; your violation of these Terms; your violation of any law or rights of a third party; or inaccurate information provided by you.

11. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of this engagement and to use such information only for the purposes of performing or receiving the services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in Wilmington, Delaware.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes by email and/or by posting a notice on our website. Your continued use of our services after the effective date of any changes constitutes acceptance of the updated Terms.

14. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Cookie Policy, and any executed Service Agreement, constitute the entire agreement between you and fbxmedia with respect to the subject matter herein and supersede all prior agreements and understandings.

15. Contact

For questions about these Terms, please contact: legal@fbxmedia.com or fbxmedia Ltd, 300 Delaware Ave, Suite 210, Wilmington, DE 19801, USA.