PART A — TERMS OF SERVICE
1 Who we are
FM Marketers, LLC (“FM Marketers,” “we,” “us,” “our”) is a Delaware limited liability company that provides performance‑marketing, growth‑strategy and media‑buying services to business clients worldwide.
E‑mail: info@fmmarketers.com
Phone: +1 302 600 3261
2 Acceptance of these Terms
By signing a proposal, SOW, or clicking “Accept” on a digital invoice, you (“Client”) agree to be bound by these Terms of Service (“Terms”). If you do not accept the Terms, do not engage our Services.
3 Scope of Services
We will deliver the marketing and consulting services (“Services”) described in each duly executed Statement of Work (“SOW”). A new SOW may modify or add to these Terms only if it states so expressly.
4 Fees and payment
- 4.1 All prices are exclusive of any applicable taxes. If U.S. sales tax or Australian GST becomes chargeable, it will be added to the invoice.
- 4.2 Invoices are issued via Stripe in the currency stated in the SOW. Payment terms are Net 7 unless otherwise agreed.
- 4.3 Late payments accrue 1.5 % interest per month. We may suspend Services on overdue accounts.
5 Intellectual‑property ownership
All pre‑existing IP remains with its original owner. Deliverables created by FM Marketers under an SOW transfer to Client upon full payment, subject to any third‑party licence terms disclosed in advance.
6 Confidentiality
Each party must keep confidential information confidential for five (5) years after disclosure, using at least reasonable care, and may disclose it only to personnel or advisers who have a need to know and are bound by similar obligations.
7 Warranties and disclaimers
We warrant that we will perform the Services with reasonable skill and care. Except as expressly stated, the Services are provided “as‑is” and all implied warranties are disclaimed to the maximum extent permitted by law.
8 Limitation of liability
Our total liability in any 12‑month period is limited to the fees paid by Client in that period. We are not liable for indirect, incidental or consequential damages, lost profits, or loss of data.
9 Termination
Either party may terminate for material breach (including non‑payment) after 14 days’ written notice if the breach is not cured. Clauses 5, 6, 8 and any accrued payment obligations survive termination.
10 Governing law & dispute resolution
These Terms are governed by Delaware law, excluding conflict‑of‑law rules. Any dispute shall be resolved by final, binding arbitration in Wilmington, Delaware under the Rules of the American Arbitration Association. Either party may seek injunctive relief in a court of competent jurisdiction.
11 Changes to Terms
We may update these Terms by posting a revised version on fmmarketers.com. Changes apply to new SOWs; existing SOWs remain under the version in force when signed unless mutually agreed.
PART B — PRIVACY POLICY
1 Scope
This Privacy Policy explains how FM Marketers collects, uses and shares personal information in the course of providing Services, operating our website (fmmarketers.com) and issuing invoices through Stripe.
2 What information we collect
| Category | Examples | Legal basis (GDPR) |
| Business contact data | name, work e‑mail, phone, job title | Art 6(1)(b) contract |
| Payment data | last 4 digits of card, billing address (processed by Stripe) | Art 6(1)(b) & (f) |
| Usage data | analytics (IP‑address, browser, pages visited) | Art 6(1)(f) legitimate interest to improve site |
We do not knowingly collect personal data of children under 16.
3 How we use data
- To deliver and administer the Services and invoices.
- To communicate with clients and prospects.
- To maintain security and prevent fraud.
- To comply with legal obligations (book‑keeping, tax).
4 Cookies & analytics
We use only privacy‑friendly analytics (Plausible / Cloudflare Web Analytics). No cross‑site tracking cookies are set.
5 Sharing of data
We share personal data only with:
- Payment processor Stripe (U.S.), certified EU–U.S. Data Privacy Framework.
- Cloud service providers (Google Workspace, EU/US data centres).
- Professional advisers (accountants, lawyers) under confidentiality.
We do not sell or rent your data.
6 International transfers
Data may be stored in the United States. We rely on standard contractual clauses or DPF certification for EU transfers.
7 Retention
Business records are kept for 7 years to satisfy tax laws; marketing contact data may be deleted on request anytime.
8 Your rights
Under GDPR you may request access, rectification, deletion, restriction or portability of your data, or object to processing by e‑mailing privacy@fmmarketers.com. We will reply within 30 days.
9 Security
We use HTTPS encryption, role‑based access control, MFA on all admin accounts, and encrypt data at rest on Google Cloud.
10 Complaints
EU residents may lodge a complaint with their supervisory authority. We prefer you contact us first so we can resolve any issue.
11 Changes to this Policy
We will post any changes on this page and, if significant, notify clients by e‑mail.
Contact
FM Marketers, LLC
info@fmmarketers.com