Terms of Service

By accessing or using the Phos Digital website (phosdigital.co) or engaging any of our services, you agree to be bound by these Terms of Service. These terms form a legally binding agreement between you ("Client," "you," or "your") and Phos Digital ("we," "us," or "our").

If you do not agree to these terms, please do not use our website or engage our services. Where a separate signed proposal or service agreement exists, the terms of that agreement will take precedence over these general terms in the event of a conflict.

Phos Digital provides digital marketing and web development services to businesses. Our service offerings include, but are not limited to:

• Website design and development
• Search engine optimization (SEO)
• Email marketing
• Social media management
• Paid advertising (PPC, social ads)
• Brand strategy and identity
• Custom digital tools and integrations

The specific scope, deliverables, and timeline for each engagement are described in the individual proposal or service agreement provided to the client before work begins. Any work performed outside the agreed scope may be subject to additional fees.

A successful engagement depends on collaboration. By working with Phos Digital, you agree to the following responsibilities:

• Provide accurate content, materials, and information needed for your project in a timely manner.
• Provide timely feedback and approvals at each stage of the project so that we can maintain agreed-upon timelines.
• Provide necessary access credentials to relevant platforms (e.g., hosting accounts, social media accounts, analytics tools) as required for us to perform the services.
• Ensure that all content, images, and materials you provide do not infringe on any third-party intellectual property rights.
• Designate a primary point of contact who is authorized to provide direction, feedback, and approvals on behalf of your organization.

Delays caused by the client in fulfilling these responsibilities may result in adjusted timelines and, in some cases, additional fees.

All fees for services are outlined in the individual proposal or service agreement provided to you. General pricing guidelines are as follows:

• Project-based work (e.g., our Launch package at ~$2,000): A 50% deposit is required before work begins. The remaining balance is due upon project completion, prior to the final handoff of deliverables.
• Monthly retainer services (e.g., our Grow retainer at ~$1,500/month): Billed at the beginning of each billing cycle. Payment is due within 15 days of the invoice date.
• A la carte services: Priced individually and outlined in the applicable proposal. Payment terms will be specified in the corresponding agreement.

All prices are quoted in United States Dollars (USD). Late payments may incur interest at a rate of 1.5% per month on the outstanding balance. Phos Digital reserves the right to pause or suspend work on any account with overdue invoices until the balance is brought current.

Upon receipt of full payment for a project, the client receives ownership of the final deliverables, including:

• Custom designs created specifically for the client's project
• Written content produced for the client
• Website code specific to the client's project

Phos Digital retains all rights to underlying tools, frameworks, templates, processes, and methodologies used in the creation of deliverables. These materials may be reused across other client projects.

Phos Digital also retains the right to showcase completed work in our portfolio, on our website, and in marketing materials, unless otherwise agreed upon in writing.

Any third-party assets used in your project (such as stock photography, licensed fonts, plugins, or software) are subject to their respective license agreements. Phos Digital will inform you of any third-party assets used and their associated terms when applicable.

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. Confidential information includes, but is not limited to:

• Business strategies, plans, and financial information
• Analytics data and performance metrics
• Login credentials and access information
• Proprietary processes, methods, and trade secrets

Neither party will disclose confidential information to third parties without the prior written consent of the other party, except as required by law. This confidentiality obligation survives the termination of services and remains in effect indefinitely.

Phos Digital does not guarantee specific results from any of our services. This includes, but is not limited to, search engine rankings, advertising performance, lead generation volume, social media growth, or revenue outcomes. Digital marketing results depend on many factors outside of our control, including market conditions, competition, algorithm changes, and consumer behavior.

To the maximum extent permitted by law, Phos Digital's total liability for any claims arising out of or related to our services is limited to the total fees paid by the client in the three (3) months immediately preceding the event giving rise to the claim.

Phos Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of whether we were advised of the possibility of such damages.

Our services are provided on an "as is" and "as available" basis. While we make every reasonable effort to deliver high-quality work that meets the specifications outlined in your proposal, we make no guarantees or warranties of any kind, whether express or implied.

Specifically, Phos Digital does not warrant that:

• Services will be uninterrupted, timely, secure, or error-free at all times.
• Any particular business outcome, revenue target, or performance metric will be achieved as a result of our services.
• Third-party platforms, tools, or services that we integrate with will remain available or function without interruption.

We stand behind our work and will make reasonable efforts to address issues that arise during the course of an engagement.

Either party may terminate monthly retainer services with thirty (30) days' written notice. Notice should be sent via email to the primary contact for the other party.

Cancellation of project-based work is subject to the terms outlined in our Refund & Cancellation Policy. Please review that policy for details on deposits, partial refunds, and completed work.

Upon termination of services, the client will receive all completed deliverables, provided that all outstanding invoices have been paid in full. Phos Digital retains the right to withhold deliverables until payment is received.

Phos Digital may terminate the engagement immediately and without notice if the client materially breaches any provision of these Terms of Service.

The client agrees to indemnify, defend, and hold harmless Phos Digital and its owner, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to:

• Content, materials, or information provided by the client that infringes on the intellectual property or other rights of a third party.
• The client's use of deliverables in a manner not contemplated by the original engagement.
• The client's breach of any provision of these Terms of Service.

These Terms of Service and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any legal proceedings related to these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Nueces County, Texas.

In the event of a dispute arising out of or related to these terms or our services, the parties agree to the following resolution process:

• Negotiation: The parties will first attempt to resolve the dispute through good faith negotiation, initiated by written notice to the other party.
• Mediation: If the dispute is not resolved within thirty (30) days of the initial notice, the parties agree to engage in mediation with a mutually agreed-upon mediator.
• Litigation: If mediation fails to resolve the dispute, either party may pursue resolution through the state or federal courts located in Nueces County, Texas.

Neither party shall be liable for any failure or delay in performing their obligations under these terms where such failure or delay results from circumstances beyond the reasonable control of that party. Such circumstances include, but are not limited to:

• Natural disasters (earthquakes, floods, hurricanes)
• Pandemics or public health emergencies
• Internet or infrastructure outages
• Government actions, regulations, or embargoes
• Acts of war, terrorism, or civil unrest

The affected party will promptly notify the other party of the force majeure event and make reasonable efforts to resume performance as soon as practicable.

Phos Digital reserves the right to update or modify these Terms of Service at any time. Changes will be effective immediately upon posting the revised terms on our website. The "Last Updated" date at the top of this page will be revised accordingly.

Your continued use of our website or services after any changes are posted constitutes your acceptance of the updated terms. We encourage you to review these terms periodically. For significant changes, we may also notify active clients directly via email.

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties.

If you have any questions about these Terms of Service or need clarification about any provision, please contact us:

• Email: anthony@phosdigital.co
• Location: Corpus Christi, TX

You may also wish to review our Privacy Policy and Refund & Cancellation Policy for additional information about how we operate.