Terms of Service
The Terms that Govern Your Use of our Website and Services.
These terms set out the rules for using the DesignFXPro website and the basis on which we provide our services. Please read them carefully.
ON THIS PAGE
These Terms of Service form a binding agreement between you and DesignFXPro. By accessing our website or engaging our services, you agree to these terms. Where we sign a separate written agreement, proposal, or statement of work with you, that document governs the specific engagement and prevails over these terms to the extent of any conflict.
1. Agreement to terms
These Terms of Service govern your access to and use of the website at designfxpro.com and the services we provide. By using the website or engaging us, you confirm that you accept these terms and that you have the authority to accept them on behalf of yourself or the organisation you represent. If you do not agree, please do not use the website or our services.
2. Definitions
- "We", "us", and "DesignFXPro" mean the business operating designfxpro.com and its sister brands
- "You" and "Client" mean the individual or organisation accessing the website or engaging our services.
- "Services" mean the digital marketing, design, development, search, advertising, and related services we provide.
- "Deliverables" mean the work product we create for you under an engagement.
- "Engagement" means a specific project or ongoing service governed by a proposal, statement of work, or other written agreement.
3. Our services
DesignFXPro is a digital marketing agency. Our services span website and application design and development, search engine optimisation, digital marketing and paid advertising, graphic design, and the use of artificial intelligence tools to support these areas. The specific scope, deliverables, timelines, and fees for any work are defined in a separate proposal or statement of work agreed with you.
Information on our website, including descriptions of services and results, is provided for general information. It does not constitute a promise of specific outcomes, which depend on many factors outside our control.
4. Eligibility
You must be at least the age of majority in your jurisdiction and able to enter into a binding contract to use our services. By engaging us on behalf of a business, you represent that you are authorised to bind that business to these terms.
5. Engagement and scope of work
An engagement begins when you accept a proposal or statement of work, or otherwise instruct us to begin work, and we accept that instruction. Each engagement describes the agreed scope, deliverables, milestones, and fees. Work that falls outside the agreed scope, often called a change request, may affect timelines and fees. We will discuss and confirm any such changes with you before carrying them out. Estimates and proposals are valid for the period stated in them and may be revised if not accepted within that period.
6. Client responsibilities
To help us deliver good work on time, you agree to:
- Provide accurate, complete information, materials, and access that we reasonably need to perform the services.
- Review deliverables and provide feedback and approvals within agreed timeframes.
- Ensure that any content, assets, trademarks, or data you provide do not infringe the rights of others and comply with applicable law.
- Obtain any consents, licences, or permissions needed for us to carry out the work on your behalf.
- Make payments in accordance with the agreed terms.
Delays or incomplete information from you may affect agreed timelines, and we are not responsible for delays caused in this way.
7. Acceptable use
When using our website or services, you agree not to:
- Use them for any unlawful, fraudulent, or harmful purpose.
- Attempt to gain unauthorised access to our systems or interfere with their operation or security.
- Introduce malicious code or attempt to disrupt the website.
- Copy, reproduce, or exploit our content or branding without permission.
- Ask us to create or promote content that is illegal, deceptive, infringing, or that violates the policies of advertising or hosting platforms.
8. Fees, invoicing, and payment
Fees for our services are set out in the applicable proposal or statement of work. Unless stated otherwise:
- Invoices are payable within the period stated on the invoice.
- Fees are exclusive of any taxes, duties, or third-party costs such as advertising spend, software licences, or stock assets, which are your responsibility unless we agree otherwise in writing.
- We may pause or suspend work on overdue accounts after giving you notice.
- Unless stated otherwise, deposits and fees for work already performed are non-refundable.
We do not publish pricing on our website. Pricing for any engagement is provided directly to you in a proposal tailored to your needs.
9. Intellectual property and deliverables
Ownership of final deliverables
Unless an engagement says otherwise, ownership of the final deliverables we create specifically for you transfers to you once we have received full payment for the related work. Until full payment is made, all rights in the deliverables remain with us.
Pre-existing and third-party materials
We may use our own pre-existing tools, frameworks, code, templates, and know-how to create your deliverables. We retain ownership of those underlying materials and grant you a licence to use them as part of the deliverables. Deliverables may also include third-party materials, such as fonts, stock assets, plugins, or software, which remain subject to their own licences, and you agree to comply with those licences.
Our website and brand
All content on the designfxpro.com website, including text, graphics, logos, the DesignFXPro name and wordmark, and the look and feel, is owned by us or our licensors and is protected by intellectual property laws. You may not use it without our written permission.
Portfolio and promotional rights
Unless we agree otherwise in writing, we may display non-confidential work we have created for you, along with your name and logo, in our portfolio, case studies, and marketing materials. Where work is performed on a white-label or confidential basis, we will not identify you as a named client or present that work as an attributed case study, and we will describe our capabilities only in a general way.
Your content
You retain ownership of the content, brand assets, and data you provide to us. You grant us a licence to use that material as needed to perform the services for you.
10. Confidentiality
Each party may receive confidential information from the other during an engagement. Both parties agree to keep such information confidential, to use it only for the purposes of the engagement, and to protect it with reasonable care. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already known, is independently developed, or must be disclosed by law. Where we process personal information on your behalf, our Privacy Policy and any data processing terms also apply.
11. Third-party services and platforms
Our services often rely on third-party platforms and tools, such as hosting providers, advertising networks, analytics services, content management systems, and software plugins. We do not control these third parties, and your use of them is subject to their own terms and policies. We are not responsible for changes, outages, pricing, policy decisions, or actions taken by third-party platforms, including the approval, rejection, or suspension of advertising accounts or campaigns.
12.Revisions, approvals, and timelines
Engagements may include a set number of revision rounds, which will be described in the relevant proposal or statement of work. Additional revisions beyond that number may be treated as a change request. Timelines we provide are good-faith estimates and depend on timely feedback, approvals, and materials from you. Once you approve a deliverable, further changes may be treated as new work.
13. Warranties and disclaimers
We provide our services with reasonable care and skill. Beyond that, and to the maximum extent permitted by applicable law, our website and services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the website will be uninterrupted or error-free, or that any particular marketing, ranking, traffic, conversion, or revenue result will be achieved. Marketing outcomes depend on many factors outside our control, including market conditions, competition, and third-party platform behaviour. Nothing in these terms excludes or limits any rights you have under mandatory consumer protection or other laws that cannot be excluded.
14. Limitation of liability
To the maximum extent permitted by applicable law:
- We are not liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to the website or services.
- Our total liability arising out of or related to an engagement will not exceed the total fees you paid to us for that engagement in the three months before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations or exclusions, so some of the above may not apply to you. In that case, our liability is limited to the greatest extent permitted by the law that applies to you. Nothing in these terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.
15. Indemnification
You agree to indemnify and hold harmless DesignFXPro and its team from and against claims, damages, losses, and reasonable costs arising out of your breach of these terms, your misuse of the website or services, or any content, materials, or instructions you provide that infringe the rights of others or violate applicable law or platform policies.
16. Term, suspension, and termination
These terms apply while you use our website or services. Either party may terminate an engagement as described in the relevant proposal or statement of work, or on reasonable written notice where no notice period is stated. We may suspend or end your access to the website or services, or an engagement, if you materially breach these terms or fail to pay amounts due.
On termination, you remain responsible for fees for work performed and costs incurred up to the termination date. Provisions that by their nature should survive termination, including those on intellectual property, confidentiality, disclaimers, limitation of liability, and governing law, will continue to apply.
17. Governing law and dispute resolution
These terms are governed by the laws of the Republic of the Philippines, without regard to conflict of law principles. The courts of the Philippines will have jurisdiction over any dispute, except where mandatory local law gives you the right to bring proceedings in your own country of residence.
Before starting formal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct discussion. Nothing in this section prevents either party from seeking urgent injunctive relief where appropriate.
Because we serve clients in several countries, confirm the governing law, venue, and any dispute resolution method (such as arbitration) with a qualified lawyer before publishing. Consumer protection rules in some markets may override your chosen jurisdiction for individual consumers.
18. Changes to these terms
We may update these terms from time to time. When we make changes, we will update the date at the top of this page. Your continued use of the website or services after the changes take effect means you accept the updated terms. For active engagements, the terms in place when the engagement was agreed continue to apply unless we agree otherwise in writing.
19. General provisions
We may update these terms from time to time. When we make changes, we will update the date at the top of this page. Your continued use of the website or services after the changes take effect means you accept the updated terms. For active engagements, the terms in place when the engagement was agreed continue to apply unless we agree otherwise in writing.
- Entire agreement. These terms, together with any proposal, statement of work, or other written agreement we sign with you, form the entire agreement between us regarding their subject matter.
- Severability. If any provision is found to be unenforceable, the remaining provisions continue in full effect.
- Waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
- Assignment. You may not assign these terms without our consent. We may assign them as part of a business transfer.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices. Legal notices to us should be sent to the contact details below.
20. Contact us
If you have questions about these terms, please contact us:
DesignFXPro
We are here to help with any privacy question or request.
Business name: Designfxpro
Email: [email protected]
Address: Studio 6, DC Bldg., Tapulao, Orani, Bataan, Philippines 2112
Website: designfxpro.com