Terms of Service - Fawkes Digital Marketing

Terms of Service

This Terms of Service Agreement ("Agreement") is between you ("you," "your," or "customer") and Fawkes Digital Marketing ("we," "us," or "our"). This Agreement governs your access to and use of our websites, software, and services (collectively, the "Services").

Last updated: January 5, 2026

By accessing or using our Services, you agree to be bound by this Agreement. If you do not agree, you may not use the Services.

Description of Services

Fawkes Digital Marketing provides cloud-based business tools and marketing solutions, including but not limited to customer relationship management (CRM), website design, SEO optimization, hosting, email services, and related products. You may use these Services for your business or personal use, subject to the terms outlined here.

Account Registration and Responsibilities

To use certain features, you must register for an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account. You agree to notify us immediately if you suspect unauthorized access or use of your account.

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with this Agreement. You may not use the Services to distribute spam, malware, or other harmful content, or to infringe upon the rights of others. You also agree not to reverse engineer, resell, or misuse any portion of the Services.

AI & Automation Disclosure

Use of AI and Automation Tools

Fawkes Digital Marketing may utilize automation tools, artificial intelligence (AI), and AI-assisted technologies to improve efficiency, analysis, content development, and service delivery.

  • AI tools are used as assistive resources, not replacements for human oversight.
  • Final review, strategy, and responsibility remain with Fawkes Digital Marketing.
  • No guarantee is made regarding originality, uniqueness, or outcomes beyond standard industry best practices.

The use of such tools does not alter service scope, pricing, or obligations unless expressly stated.

Client Cooperation and Responsibilities

To ensure effective service delivery, clients agree to:

  • Provide timely access to required accounts, platforms, content, credentials, and approvals.
  • Supply accurate, complete, and lawful information and materials.
  • Review and respond to requests, drafts, or approvals within a reasonable timeframe.
  • Confirm ownership or proper licensing of all client-provided content, including text, images, logos, and media.

Delays or issues caused by incomplete information, lack of access, or delayed responses are not the responsibility of Fawkes Digital Marketing and may impact timelines or outcomes.

Fees and Payments

Some Services are available under paid subscription plans where you will get as amny hours as your business needs. You agree to pay all fees associated with your plan in accordance with the billing terms presented to you. Subscription plans automatically renew unless canceled prior to the renewal date. Fawkes Digital Marketing reserves the right to adjust pricing or introduce new fees upon reasonable notice. The exception is those that sign up and are given a lifetime pricing option.

Suspension for Non-Payment (Fees and Payments): Non-Payment and Service Suspension

If fees are not paid in accordance with the agreed billing terms:

  • Fawkes Digital Marketing reserves the right to suspend or pause Services until the account is brought current.
  • No obligation exists to continue work during periods of non-payment.
  • Fawkes Digital Marketing is not liable for any impact, loss, or performance changes resulting from a service suspension due to non-payment.

Recurring subscriptions may remain active during suspension unless canceled in accordance with these Terms.

Time-Based Billing Clarification

For Services billed based on time spent, the following standard billing increments apply:

  • 1.00 hour: One (1) full hour of work
  • 0.75 hours: Three-quarters (3/4) of an hour
  • 0.50 hours: One-half (1/2) of an hour
  • 0.25 hours: One-quarter (1/4) of an hour
  • 0.10 hours: Short-duration work less than fifteen (15) minutes

Internal Time Tracking and Service Analysis

To ensure accurate service delivery, operational efficiency, and fair pricing over time, Fawkes Digital Marketing may internally track and record the time and effort spent performing Services within its task and project management systems.

  • Time tracking is used for internal planning, quality assurance, resource allocation, and future pricing analysis.
  • Recorded time is not used to retroactively adjust, re-bill, or modify fees for Services already provided under an active agreement or subscription.
  • Pricing adjustments, if any, apply prospectively only and are communicated in advance in accordance with these Terms.
  • Internal time records do not alter the scope, pricing, or deliverables of your current plan unless expressly agreed to in writing.

Additional billing terms

  • Time spent is rounded up to the nearest billing increment.
  • Partial time blocks are billed as a full increment once work has begun.
  • The 0.10-hour increment represents a minimum billable unit for brief tasks, administrative actions, reviews, adjustments, or support-related work.
  • Billing increments apply consistently across services unless otherwise stated in a written agreement.

Free Trials and Beta Services

We may offer free trials or beta features for evaluation purposes. Such Services are provided "as-is" without warranties or guarantees of performance. We may modify or discontinue them at any time without notice.

Privacy and Data

Your use of our Services is also governed by our Privacy Policy. By using the Services, you consent to the collection and use of your information as described in that policy.

Intellectual Property

All materials, software, logos, and content provided through the Services are owned or licensed by Fawkes Digital Marketing. You may not copy, distribute, or create derivative works without our prior written permission.

Suspension and Termination

We may suspend or terminate your access to the Services if you violate these terms or engage in activity that may harm Fawkes Digital Marketing, our users, or the public. You may cancel your account at any time by contacting our support team.

Disclaimer of Warranties

The Services are provided "as-is" and "as available." Fawkes Digital Marketing makes no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted or error-free operation.

Limitation of Liability

To the maximum extent permitted by law, Fawkes Digital Marketing shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services. Our total liability for any claim shall not exceed the amount you paid to us for the Service during the twelve months preceding the event.

Indemnification

You agree to defend, indemnify, and hold harmless Fawkes Digital Marketing and its employees, agents, and affiliates from any claims, losses, or damages arising out of your use of the Services or violation of this Agreement.

Communication and Service Timelines

  • Response times and turnaround times are not the same and should not be interpreted interchangeably.
  • Response time refers to the time required to acknowledge a request or inquiry.
  • Turnaround time refers to the time required to complete the requested work.

Turnaround times may vary based on workload, complexity, client responsiveness, required approvals, and external dependencies. No guarantee of immediate execution is implied unless expressly stated in writing.

Scope of Services

Services provided by Fawkes Digital Marketing are limited to the scope expressly outlined in the selected plan, proposal, statement of work, or written agreement.

  • Requests, tasks, or changes outside the agreed scope ("out-of-scope work") are not included unless expressly approved in writing.
  • Out-of-scope work may require additional fees, a revised agreement, or a separate project quote.
  • Fawkes Digital Marketing is not obligated to perform work beyond the agreed scope without such approval.

This ensures clarity, fairness, and proper allocation of time and resources for all clients.

Modifications

Fawkes Digital Marketing may update these Terms of Service from time to time. Any changes will be posted on this page with an updated revision date. Continued use of the Services after such changes constitutes your acceptance of the updated terms.

Governing Law

This Agreement shall be governed by the laws of the State of Alabama, USA, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be resolved in the courts of Cullman County, Alabama.

Contact Us

Fawkes Digital Marketing
1013 Fuller Street SW
Cullman, AL 35055
Email: support@FawkesDM.com
Phone: 256-258-8593