Terms and Conditions

Effective Date: June 25, 2025

Last Updated: June 25, 2025

1. Company Information

These Terms and Conditions govern the relationship between you (the “Client”) and Fenix Web Design, a digital marketing agency based in Phoenix, Arizona, United States (the “Company,” “we,” “us,” or “our”). We provide digital marketing services to clients nationwide and internationally.

2. Services Offered

Fenix Web Design provides the following services:

  • Pay-Per-Click Advertising: Google Ads and Facebook Ads management and optimization
  • Website Design: Custom WordPress website development and design
  • Landing Page Design: High-converting landing page creation and optimization
  • Branding Services: Logo design and print marketing materials

3. Acceptance of Terms

By engaging our services, submitting a project request, or making payment for any services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.

4. Service Agreements and Contracts

All projects begin with a signed service agreement or contract that outlines specific deliverables, timelines, and costs. The service agreement, along with these Terms and Conditions, constitutes the complete agreement between the parties.

4.1 Project Scope

Services will be performed according to the specifications outlined in the signed service agreement. Any changes to the project scope must be agreed upon in writing and may result in additional charges.

4.2 Revisions

Each project includes a specified number of revisions as outlined in the service agreement. Additional revisions beyond the agreed amount will be charged at our standard hourly rate.

5. Payment Terms

5.1 Payment Schedule

Payment terms will be specified in each service agreement. Generally, we require:

  • 50% deposit before work begins on website design and branding projects
  • Full payment for pay-per-click advertising setup fees before campaign launch
  • Monthly payments for ongoing PPC management services

5.2 Late Payments

Invoices are due within 30 days of the invoice date unless otherwise specified. Late payments may incur a 1.5% monthly service charge. We reserve the right to suspend services for accounts with overdue balances.

5.3 Refund Policy

Deposits and payments for completed work are non-refundable. For ongoing services, clients may cancel with 30 days written notice. Refunds for unused advertising spend will be processed according to the platform’s refund policies.

6. Client Responsibilities

Clients are responsible for:

  • Providing accurate and complete information necessary for project completion
  • Timely review and approval of deliverables
  • Providing access to necessary accounts, platforms, and systems
  • Ensuring all content provided is original or properly licensed
  • Maintaining backups of their website and data

7. Intellectual Property

7.1 Client Content

Clients retain ownership of all content, trademarks, and materials they provide. Clients grant us a non-exclusive license to use such materials solely for the purpose of providing services.

7.2 Deliverables

Upon full payment, clients receive ownership of custom designs, logos, and website files created specifically for their project. We retain the right to use project work for portfolio and marketing purposes unless otherwise specified in writing.

7.3 Third-Party Elements

Some projects may include third-party elements such as stock photos, fonts, or plugins. Clients are responsible for ensuring proper licensing for continued use of these elements.

8. Pay-Per-Click Advertising Terms

8.1 Ad Spend

Clients are responsible for all advertising costs charged directly by Google, Facebook, or other advertising platforms. Our management fees are separate from ad spend.

8.2 Account Access

Clients maintain ownership of their advertising accounts. We require administrative access to manage campaigns effectively.

8.3 Performance Expectations

While we strive for optimal performance, we cannot guarantee specific results such as conversion rates, click-through rates, or return on ad spend. Results depend on various factors including market conditions, competition, and product/service quality.

9. Website Development and Maintenance

9.1 Hosting and Domain

Clients are responsible for securing and maintaining their own web hosting and domain registration unless otherwise arranged.

9.2 Website Maintenance

Basic maintenance and security updates may be included for a specified period as outlined in the service agreement. Extended maintenance services are available separately.

9.3 Browser Compatibility

Websites are designed to function properly on current versions of major browsers. We cannot guarantee compatibility with outdated browser versions.

10. Confidentiality

We respect client confidentiality and will not disclose sensitive business information to third parties without client consent, except as required by law. We may use non-confidential project information for case studies and portfolio purposes.

11. Limitation of Liability

Our liability for any claim related to our services shall not exceed the total amount paid by the client for the specific project or service period in question. We are not liable for:

  • Loss of profits, revenue, or business opportunities
  • Indirect, incidental, or consequential damages
  • Issues arising from third-party services or platforms
  • Client’s failure to maintain backups or security measures
  • Changes in search engine algorithms or advertising platform policies

12. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or government actions.

13. Termination

Either party may terminate services with 30 days written notice. Upon termination:

  • Client remains responsible for payment of all work completed
  • We will provide final deliverables for paid work within 30 days
  • Ongoing advertising campaigns will be transferred back to client control
  • Access to our management tools and reports will be discontinued

14. Indemnification

Client agrees to indemnify and hold harmless Fenix Web Design from any claims, damages, or expenses arising from:

  • Client’s use of our deliverables
  • Content provided by the client
  • Client’s violation of these terms
  • Claims of intellectual property infringement related to client-provided materials

15. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, United States. Any disputes shall be resolved in the courts of Maricopa County, Arizona.

16. Modifications

We reserve the right to modify these Terms and Conditions at any time. Updated terms will be posted on our website and will apply to all projects initiated after the effective date of the changes.

17. Severability

If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions shall remain in full force and effect.

18. Contact Information

For questions regarding these Terms and Conditions or our services, please contact us:

Fenix Web Design
Phoenix, Arizona, United States
Email: [Your Email Address]
Phone: [Your Phone Number]

19. Entire Agreement

These Terms and Conditions, together with any signed service agreements, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter herein.

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.