Terms of Service

Last updated: 15 June 2025

1. Acceptance of These Terms

Welcome to ftsg.digital (the “Site”), operated by FTSG Digital Services LLC (“FTSG Digital Services,” “we,” “our,” or “us”). By accessing the Site, clicking “I agree,” signing a Statement of Work (“SOW”), issuing a purchase order, or otherwise engaging our digital-marketing services (collectively, the “Services”), you (“Client,” “you,” or “your”) affirm that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must refrain from using the Site and the Services.

2. Definitions

“Agreement” – these Terms plus any SOW, proposal, or addendum agreed by the parties.
“Confidential Information” – all non-public data, trade secrets, and know-how disclosed in connection with the Services.
“Deliverables” – all tangible or intangible work products created for Client under an SOW (e.g., ad copy, reports, creative assets).
“Third-Party Services” – platforms or tools (e.g., Google Ads, Meta, HubSpot) that are not owned or controlled by FTSG Digital Services.

3. Engagement Process

Each project begins with discovery and proposal. Once scope, budget, and timeline are agreed, an SOW will be executed. Only written SOWs, signed by both parties (electronically or otherwise), are binding. Verbal commitments are non-binding until captured in writing.

4. Scope of Services

Typical Services include search-engine optimization, paid-media management, content strategy, design and production, social-media management, email automation, analytics configuration, consulting, and training. The Services do not include legal review, regulatory filings, or guaranteed media placement unless expressly stated. Changes or additions requested by Client must be documented in a change order and may affect fees and deadlines.

5. Client Responsibilities

Client shall (a) designate a primary contact with authority to provide approvals; (b) supply accurate branding assets, product information, and login credentials; (c) respond to FTSG Digital Services queries within five (5) business days; and (d) comply with applicable advertising guidelines (e.g., Facebook Ads Policies, Google Ads Terms). Delays caused by Client may extend the timeline and/or incur additional costs.

6. Fees, Expenses & Payment Terms

Billing Cycle: Monthly in advance for retainers; project fees per milestone unless otherwise set out in the SOW.
Payment Method: ACH, wire transfer, or credit card (3 % surcharge may apply).
Expenses: Pre-approved third-party costs (stock footage, ad spend, SaaS tools) will be billed at cost plus a 3 % handling fee or paid directly by Client.
Late Payment: After 14 days, FTSG Digital Services may charge interest (1.5 % per month) and pause Services. Collection costs are chargeable to Client.

7. Revisions & Out-of-Scope Work

Unless specified, each creative Deliverable includes up to two (2) revision rounds. Additional revisions or scope changes are billed at FTSG Digital Services’s current hourly rate unless a new fixed fee is negotiated.

8. Intellectual Property

Upon full payment, Client obtains a worldwide, royalty-free, perpetual license to use, reproduce, and modify the Deliverables for its own business purposes. FTSG Digital Services retains ownership of (i) pre-existing materials, (ii) generic skills and know-how, and (iii) internal processes and tools; these are licensed to Client on a non-exclusive basis for the term of the Agreement.

9. Confidentiality & Data Protection

Both parties agree to protect Confidential Information using at least the same degree of care they use to protect their own information, but no less than reasonable care. Confidentiality obligations survive three years after termination. Where FTSG Digital Services processes personal data for Client, the parties shall execute a data-processing agreement compliant with GDPR/CCPA as applicable.

10. Compliance & Acceptable Use

Client content must not infringe intellectual-property rights or violate advertising regulations. FTSG Digital Services reserves the right to suspend campaigns containing prohibited content (e.g., hate speech, illegal products). Client bears sole responsibility for regulatory compliance in its industry (e.g., FINRA, FDA, GDPR).

11. Warranties

FTSG Digital Services warrants that Services will be performed in a professional manner consistent with industry standards. To the maximum extent permitted by law, FTSG Digital Services disclaims all other warranties, express or implied, including merchantability and fitness for a particular purpose. No oral or written information shall create additional warranties.

12. Disclaimers

Marketing outcomes depend on algorithm changes, consumer behavior, and competitive actions. Accordingly, FTSG Digital Services does not warrant specific rankings, traffic volumes, engagement, or revenue results. Third-Party Services are subject to their own terms, and FTSG Digital Services is not liable for outages or policy changes on those platforms.

13. Limitation of Liability

Except for gross negligence or willful misconduct, FTSG Digital Services’s aggregate liability arising out of the Agreement shall not exceed the fees paid by Client during the preceding three (3) months. Neither party shall be liable for indirect, special, incidental, punitive, or consequential damages, including lost profits or business interruption.

14. Indemnification

Client shall indemnify, defend, and hold harmless FTSG Digital Services from any third-party claims arising out of (a) Client content, (b) Client’s violation of laws or regulations, or (c) misuse of the Services. FTSG Digital Services will promptly notify Client of any such claim and provide reasonable assistance at Client’s expense.

15. Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, civil unrest, epidemics, governmental action, or internet service disruption. Affected obligations will be suspended for the duration of the event.

16. Non-Solicitation

For the term of the Agreement and twelve months thereafter, Client will not directly solicit or hire any FTSG Digital Services employee or contractor who worked on the project, unless agreed in writing or subject to a placement fee equal to 30 % of the individual’s first-year compensation.

17. Term & Termination

The Agreement begins on the Effective Date of the relevant SOW and continues until all obligations are fulfilled or until terminated (i) for convenience by either party with 30 days’ written notice, or (ii) immediately for material breach if the breach remains uncured after 10 days of notice. Outstanding fees for work completed remain payable.

18. Notices

All legal notices must be in writing and delivered by email with read receipt, courier, or certified mail to the addresses specified in the SOW. Notices are deemed received on the next business day after delivery.

19. Assignment

Neither party may assign the Agreement without the other’s prior written consent, except that FTSG Digital Services may assign to an affiliate or successor in connection with a merger, acquisition, or sale of substantially all assets.

20. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming. Prior to litigation, the parties will attempt good-faith mediation for at least 30 days.

21. Amendments

FTSG Digital Services may update these Terms by posting a revised version on the Site and updating the “Last updated” date. Material changes will be communicated via email. Continued use of the Services after changes constitutes acceptance of the revised Terms.

22. Entire Agreement

These Terms and any active SOW constitute the entire agreement between the parties and supersede all prior oral or written discussions related to the subject matter.

23. Severability

If any provision of the Agreement is held unenforceable, the remaining provisions will remain in full force, and the invalid provision will be replaced with a valid provision that most closely reflects the parties’ original intent.

24. Waiver

Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

25. Independent Contractor

FTSG Digital Services is engaged as an independent contractor. Nothing in the Agreement shall be construed to create a partnership, joint venture, or employment relationship.

26. Publicity Rights

Unless Client requests otherwise in writing, FTSG Digital Services may list Client’s name and logo in its marketing materials and portfolio. FTSG Digital Services will not disclose campaign results without Client approval.

27. Feedback

Any feedback or suggestions provided by Client may be used by FTSG Digital Services without restriction or compensation, provided no Confidential Information is disclosed.

Contact

Questions or concerns? Email hello@ftsg.digital or write to:

FTSG Digital Services LLC
30 N Gould St,
Sheridan, WY 82801, USA