Terms of Service

Fitzaey LLC

Effective Date: March 30, 2026

Last Updated: March 30, 2026

These Terms of Service ("Terms") govern your use of the website fitzaey.com and any services provided by Fitzaey LLC ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Services

Fitzaey LLC provides marketing, content creation, video production, social media management, and related digital services. Specific service terms, deliverables, pricing, and timelines are outlined in individual service agreements, proposals, or contracts between Fitzaey LLC and the client.

2. Use of Our Website

You agree to use our website only for lawful purposes and in accordance with these Terms. You agree not to:

Use the site in any way that violates applicable laws or regulations.

Attempt to gain unauthorized access to any part of the site.

Interfere with or disrupt the site's operation.

Use automated systems (bots, scrapers) to access the site without permission.

3. Client Accounts and Services

Engagement

All service engagements are governed by the specific proposal, contract, or service agreement provided to the client. These Terms apply in addition to any individual agreement.

Client Responsibilities

Clients are responsible for:

Providing accurate business information.

Granting necessary access to social media accounts and platforms as required for service delivery.

Responding to content approvals and communications in a timely manner.

Providing raw materials (footage, images, brand assets) as agreed.

Payment Terms

For one-time projects: Full payment is required upfront or on the day of service. No work will begin until payment is received in full.

For retainer clients: Invoiced on the 1st of each month. Payment is due within 15 days (Net 15).

Late payments may result in suspension of services until the account is current.

Refund Policy

All sales are final. No refunds will be issued for any services rendered or scheduled. By engaging Fitzaey LLC, you acknowledge and agree that all payments are non-refundable. This applies to one-time projects, retainer fees, and any deposits or prepayments.

4. Intellectual Property

Our Content

All content on fitzaey.com, including text, graphics, logos, images, and software, is the property of Fitzaey LLC and is protected by copyright and intellectual property laws.

Client Content

Content created by Fitzaey LLC for clients is subject to the terms of the individual service agreement. Unless otherwise specified:

Clients retain ownership of their brand assets, logos, and original materials they provide.

Fitzaey LLC retains the right to use completed work in our portfolio, case studies, and marketing materials unless the client requests otherwise in writing.

Content created under a retainer agreement is owned by the client upon full payment.

License to Use Client Content

By providing us with content, images, or materials, you grant Fitzaey LLC a non-exclusive license to use, reproduce, modify, and distribute that content solely for the purpose of performing the contracted services.

5. Limitation of Liability

To the fullest extent permitted by law:

Fitzaey LLC is not liable for any indirect, incidental, special, or consequential damages arising from your use of our website or services.

Our total liability for any claim related to our services shall not exceed the total amount paid by you to Fitzaey LLC in the 3 months preceding the claim.

We are not responsible for changes to third-party platform algorithms, policies, or features that may impact content performance.

Social media performance results are not guaranteed, as outcomes depend on many factors beyond our control.

6. Termination

By the Client

Clients may terminate services in accordance with their service agreement. Standard terms require 30 days written notice after the initial contract term. No refunds will be issued for the current billing period upon termination.

By Fitzaey LLC

We reserve the right to terminate or suspend services if:

Payment is more than 15 days past due.

The client breaches these Terms or their service agreement.

Continued service would require us to violate any law or regulation.

Effect of Termination

Upon termination:

All outstanding invoices become immediately due.

We will provide any completed but undelivered content within 14 days.

Client account access and credentials will be returned.

Our license to use client-provided materials ends, except for portfolio rights as described above.

No refunds will be issued for work already completed or in progress.

7. Indemnification

You agree to indemnify and hold Fitzaey LLC harmless from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services, your breach of these Terms, or your violation of any third-party rights.

8. Dispute Resolution

Any disputes arising from these Terms or our services will be resolved through good-faith negotiation first. If negotiation fails, disputes will be resolved through binding arbitration in Pinellas County, Florida, in accordance with Florida law.

9. Changes to These Terms

We may update these Terms from time to time. We will notify affected clients of material changes via email. Continued use of our website or services after changes constitutes acceptance of the updated Terms.

10. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

11. Contact Us

If you have questions about these Terms, contact us at:

Fitzaey LLC

St. Petersburg, FL

Email: [email protected]

Phone: 727.307.6695

Website: fitzaey.com