These Terms of Service ("Terms") govern your access to and use of scalexdigitalmarketing.net (the "Site") and any services provided by ScaleX Digital Marketing ("ScaleX", "we", "us", or "our"). By using the Site or engaging our services, you agree to these Terms.
1. Services
ScaleX provides digital marketing services including Google Ads management, web design, content creation, and strategic consulting. The specific scope, deliverables, timelines, and fees for any engagement are set out in a separate written proposal, statement of work, or invoice ("Order"). The Order controls if it conflicts with these Terms.
2. Client responsibilities
- Provide accurate information, timely feedback, and materials needed to perform the services.
- Grant reasonable access to advertising, analytics, hosting, domain, and social accounts required to deliver the services.
- Comply with all applicable laws and the terms and policies of third-party platforms (Google, Meta, etc.).
- Fund ad campaigns directly with the ad platform. Media spend is separate from ScaleX management fees and is billed to your account by the platform.
3. Fees & payment
Fees are described in each Order. Recurring management fees are billed in advance. Invoices are due on receipt unless the Order states otherwise. Late payments may result in suspension of services. All fees are non-refundable except where required by law or stated in the Order.
4. Term & termination
Engagements continue on the schedule described in the Order and may be cancelled by either party with the notice period stated there (typically 30 days written notice). We may suspend or terminate services immediately if payment is overdue, if you materially breach these Terms, or if continued work would violate a third-party platform's policies.
5. Ownership & deliverables
Upon full payment, you own the final deliverables produced specifically for you (website copy, images we create for you, ad copy, and completed website builds). We retain ownership of our pre-existing tools, templates, frameworks, know-how, and any generic components used to produce the deliverables, and grant you a non-exclusive license to use them as part of the deliverables.
Ad accounts, analytics accounts, and hosting accounts created in your name remain your property. You will retain full access at the end of the engagement.
6. Results & no guarantees
We work hard to produce measurable results, but marketing outcomes depend on many factors outside our control (market conditions, competition, platform policy changes, product-market fit, client response times, ad account history). We do not guarantee any specific ranking, lead volume, cost per lead, conversion rate, or revenue outcome.
7. Confidentiality
Each party will keep confidential the non-public information it receives from the other and use it only to perform under these Terms. This obligation continues for two years after the engagement ends.
8. Acceptable use of the Site
You agree not to (a) use the Site in a way that violates any law; (b) attempt to gain unauthorized access to any part of the Site or its systems; (c) transmit malware; or (d) scrape, copy, or resell the Site's content without permission.
9. Third-party services
Our services rely on third-party platforms (Google, Meta, hosting providers, analytics tools). Their terms and policies govern your use of those platforms, and we are not responsible for changes, outages, or actions taken by them.
10. Disclaimer
The Site and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of liability
To the maximum extent permitted by law, ScaleX will not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, or data, arising out of or related to these Terms or the services. Our total aggregate liability for any claim will not exceed the fees paid to us by you in the three months preceding the event giving rise to the claim.
12. Indemnification
You agree to indemnify and hold harmless ScaleX from any claims arising out of (a) content or materials you provide, (b) your products or services, or (c) your breach of these Terms.
13. Governing law
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in Hillsborough County, Florida.
14. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of the Site or services after changes constitutes acceptance.
15. Contact
Questions? Email scalexdigitalmarketing@gmail.com.