Terms of use

Effective Date: 05.02.2025

Previous Version: 05.02.2025

1. General Provisions

These Terms of Use of the website (hereinafter referred to as the “Terms”) govern the access to and use of the website fmads.agency (hereinafter referred to as the “Website”), owned by the advertising agency “FMAds” (hereinafter referred to as the “Agency”, “Company”), by any individual who visits the Website or interacts with the Company through digital channels (hereinafter referred to as the “User”).

Company Details:

• Name / Legal Form: Sole Proprietorship (FOP) Sheremenko Artem Kostiantynovych
• EDRPOU Code / RNOKPP: 3414410410
• TIN (VAT): non-VAT payer
• Legal Address: Apt. 49, Bldg. 10, Valeria Gudzia St., Boryspil, Kyiv Region, 08302
• Bank Details: IBAN: UA133220010000026005350024576, Bank Name: JSC “UNIVERSAL BANK”, MFO 322001
• Email: admin@fmads.agency
• Phone: +380 (93) 022-78-35
• Website: https://fmads.agency
• Working Hours: Mon–Fri, 09:00–18:00

Important Note Regarding the Nature of This Document:

These Terms constitute an informational document that regulates only the procedure for using the Website and submitting preliminary requests for services. This document does not constitute a public offer within the meaning of Articles 633, 641, 642 of the Civil Code of Ukraine and does not create an obligation for the Company to enter into a service agreement with any User who applies through the Website.

Contractual relationships regarding the provision of digital marketing services (Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads, SEO, SMM, web development, etc.) arise exclusively on the basis of a separate written contract entered into between the Company and the Client after a consultation, alignment on the scope of work, budget, deadlines, and other material terms. Rates and prices that may be specified on the Website are for informational purposes only and are subject to adjustment for each specific Client.

By using the Website or sending a request through the Website forms, the User confirms that they have read and agree to these Terms and the Privacy Policy available at https://fmads.agency/privacy.

2. Definition of Terms

Website — the website fmads.agency, including all language versions, subdomains, content, design, and source code.

Services — digital marketing services offered by the Agency: setup and management of advertising campaigns in Google Ads, Meta Ads (Facebook, Instagram), TikTok Ads, LinkedIn Ads; search engine optimization (SEO); social media marketing (SMM); website development, and other services, the list of which is available on the Website.

Client — a natural or legal person who has entered into a separate written services contract with the Company.

Request (Application) — an inquiry made by the User through a form on the Website, via messenger, by phone, or email for the purpose of receiving a consultation or a commercial proposal.

Contract (Agreement) — a separate written contract for the provision of services between the Company and the Client, defining the subject matter, scope, cost, deadlines, procedure for acceptance of work, and other material terms.

Website Content — texts, blog articles, case studies, images, videos, infographics, design, source code, trademarks, and other materials of the Website.

3. Rules for Website Use

By using the Website, the User undertakes:

• to use the Website exclusively for lawful purposes and in a manner that does not infringe upon the rights of others;
• not to perform actions that could disrupt the operation of the Website or cause harm to the Company or third parties;
• not to attempt to gain unauthorized access to any parts of the Website or related systems (including attempts to bypass security systems, SQL injections, DDoS attacks, brute-force password guessing);
• not to publish, transmit, or distribute through the Website forms any materials that are unlawful, harmful, offensive, or infringe upon intellectual property rights;
• not to use automated means (bots, scrapers, parsers) to collect data from the Website without the written permission of the Company;
• to provide accurate data when filling out forms for a consultation and when communicating with the Company;
• not to use the Website or the Company’s services for actions that contradict the current legislation of Ukraine, including the promotion of prohibited products, fraud, or the dissemination of false information.

4. Intellectual Property

All materials on the Website — texts, blog articles, case studies, images, logos, infographics, trademarks, videos, source code, design — are objects of the Company’s intellectual property or are used on lawful grounds under licenses from the right holders.

Any copying, reproduction, distribution, modification, public display, or other use of the Website materials without the prior written consent of the Company is prohibited, except in cases directly permitted by the current legislation of Ukraine (specifically, citation with the mandatory indication of the source and an active link to the Website).

The trademark “FMAds”, the domain name fmads.agency, and the Company logo belong to the Agency and are protected in accordance with the Law of Ukraine “On Protection of Rights to Marks for Goods and Services” and other regulatory acts.

Case Studies on the Website. The case studies published on the Website describe the results achieved by the Company for its Clients. Some case studies are published with the actual names of the Clients with their consent; others are anonymized (marked with [NDA]). The data in the case studies are published with the permission of the respective Clients and do not guarantee similar results for other Clients — the results of advertising campaigns depend on specific circumstances (niche, market, budget, product, seasonality).

5. Service Information

The Company makes every effort to ensure the accuracy and relevance of the information about services posted on the Website. The description of services, tentative terms, and potential rates may change without prior notice.

No Guarantee of Specific Results. By their nature, digital marketing services do not imply a guarantee of specific quantitative results (a specific number of leads, sales volume, ROI, positions in search results). The Company guarantees professional execution of services in compliance with industry standards (best practices of Google, Meta, TikTok, LinkedIn platforms); however, campaign performance depends on market conditions, competition, the quality of the Client’s product, the readiness of their website to receive traffic, and other factors beyond the Company’s control.

Any forecasts, estimated performance indicators, or expected results discussed prior to entering into a contract represent a professional assessment based on the Company’s experience and do not constitute contractual obligations. Specific KPIs and obligations of the parties are fixed in the Contract.

6. Procedure for Inquiries and Contract Conclusion

6.1. Methods of Contact

• via the request form on the Website (“Set up ads”, “Consultation” forms);
• by phone: +380 (93) 022-78-35;
• via email: admin@fmads.agency;
• via messengers: Telegram, WhatsApp, Instagram Direct, Facebook Messenger — at the User’s choice.

6.2. Stages of Interaction

The standard process of interacting with a potential Client includes the following stages:

• Submission of a request by the User through any of the channels specified in Section 6.1.
• Contact by a Company manager with the User within 1 business day for a preliminary discussion of the task, business goals, budget, and expected deadlines.
• Free consultation (if necessary) — discussion of strategy, probable tools, and an audit of the Client’s existing advertising activities.
• Preparation and sending of a commercial proposal to the Client describing the scope of work, deadlines, cost, expected results, and reporting procedure.
• Alignment on the terms and entering into a written Contract for services.
• Signing a Non-Disclosure Agreement (NDA) and, if necessary, a Data Processing Agreement (DPA).
• Transfer of access permissions to advertising accounts, analytics, and the Client’s CMS — with the minimum rights necessary to perform the services.
• Commencement of work in accordance with the Contract.

6.3. Payment Methods

Payment for the Agency’s services is made by non-cash transfer to the Company’s bank account on the basis of an issued invoice and the concluded Contract. The payment procedure (prepayment, post-payment, milestone payment, fixed monthly subscription fee, percentage of the advertising budget, etc.) is determined individually in the Contract.

Payment Security. Non-cash payments are carried out through the banking system. The Company does not store and does not have access to Clients’ payment card details. Invoice and payment data are processed exclusively within the accounting systems of the Company and the Client’s bank.

6.4. Advertising Budget

The advertising budget paid directly to platforms like Google, Meta, TikTok, LinkedIn, and others is not included in the cost of the Agency’s services, unless otherwise explicitly provided for in the Contract. The procedure for topping up advertising budgets (from the Client’s account directly to the platforms or through the Company’s account with subsequent reporting) is defined in the Contract.

7. Guarantees and Liability

Service Quality Guarantees. The Company guarantees the execution of services with proper quality, in accordance with the best practices of the respective advertising platforms and industry standards of digital marketing. Specific guarantees, KPIs, reporting obligations, and the procedure for rectifying deficiencies are fixed in a separate Contract with the Client.

Limitation of Liability. The Company is not liable for:

• changes in algorithms, rules, pricing policies, or moderation guidelines of advertising platforms (Google, Meta, TikTok, LinkedIn, and others) that are beyond the Company’s control;
• the blocking of ad accounts, accounts, or advertisements by the platforms due to the Client’s violation of the respective platform’s rules, prohibited topics, or poor-quality content on landing pages;
• delays or errors of third-party services (CRM, ESP, analytics platforms) used by the Client that affect the performance of advertising campaigns;
• a decrease in advertising effectiveness due to changes in market conditions, competitor actions, seasonal fluctuations in demand, or a deterioration in the quality of the Client’s product or service;
• technical problems with the Client’s website (slow loading times, 404/500 errors, unavailability), unless these matters are part of the subject matter of the Contract;
• temporary unavailability of the Company’s own Website due to technical reasons or reasons beyond the Company’s control (DDoS attacks, provider failures, force majeure);
• the content of third-party resources linked from the Website.

No provision of these Terms excludes or limits the Company’s liability to consumers in cases provided for by the mandatory provisions of the Law of Ukraine “On Protection of Consumer Rights” and other regulatory acts.

8. Confidentiality

The Company guarantees the confidentiality of information received from Clients within the scope of service delivery — commercial information, marketing strategies, financial indicators, access to ad accounts and analytics, client databases, and other sensitive data.

All employees and freelancers of the Company who have access to Client data sign Non-Disclosure Agreements (NDAs). Access to Clients’ ad accounts and analytics is granted to Company employees based on the principle of least privilege required to perform specific tasks.

The procedure for processing personal data of Users and Clients is described in detail in the Privacy Policy available at https://fmads.agency/privacy.

9. Force Majeure

The Parties are released from liability for non-performance or improper performance of obligations if it is a consequence of force majeure events (circumstances beyond reasonable control).

Force majeure circumstances include, in particular: military actions, declared and undeclared armed conflict, enemy actions, mobilization, state of emergency, martial law, blockades, quarantines, natural disasters, prolonged disruptions in power supply and internet communication, acts of state authorities making performance impossible, as well as global disruptions of Google, Meta, TikTok, LinkedIn services lasting more than 24 hours and affecting the ability to provide services.

Confirmation of force majeure circumstances shall be a certificate issued by the Chamber of Commerce and Industry of Ukraine or another competent body.

The Party for whom force majeure circumstances have arisen is obliged to notify the other Party within 10 (ten) calendar days from the moment of their occurrence.

10. Protection of Personal Data

The collection and processing of personal data are carried out in accordance with the Privacy Policy, available at: https://fmads.agency/privacy.

By filling out any form on the Website, the User confirms that they are familiar with the Privacy Policy and grant consent to the processing of their personal data for the purpose of receiving a consultation, sending a commercial proposal, and further communication.

11. Links to Third-Party Resources

The Website may contain links to third-party resources, including: social networks (Instagram, Facebook, LinkedIn, TikTok, YouTube), messengers (Telegram, WhatsApp), case studies and websites of Clients, resources of advertising platforms, and information sources within the digital marketing industry.

The Company does not control such resources and is not responsible for their content, accuracy, availability, privacy policies, or terms of use. Following external links is done at the User’s own risk.

12. Changes to the Terms

The Company reserves the right to amend these Terms to align them with changes in legislation, technology, or the Company’s operational procedures.

The Company notifies Users of significant changes no later than 7 (seven) calendar days before they take effect by:

• publishing the new version on the page https://fmads.agency/terms, indicating the new effective date;
• notifying current Clients via email or in personal communication.

The Terms in effect at the time a specific Contract is entered into apply to that Contract in their original form — changes to the Terms do not have retroactive effect on contracts already concluded.

Continued use of the Website after the changes take effect constitutes the User’s agreement to the new version of the Terms. Previous versions of the Terms are provided upon request via the contacts in Section 15.

13. Procedure for Reviewing Claims and Dispute Resolution

The Parties shall attempt to resolve all disputes and claims arising in connection with the use of the Website or the performance of the Contract through negotiations.

Procedure for Submitting a Claim:

• The claim is submitted in writing to email: admin@fmads.agency or to the postal address of the Company.
• The claim must contain: full name/name of the applicant, contact details, Contract number (if available), the substance of the claim, demands, and evidence (if available).
• The period for reviewing a claim is no later than 14 (fourteen) calendar days from the date of its receipt by the Company.

Jurisdiction:

• Disputes involving a User who is a natural person are considered by a court at the choice of the consumer — at their place of residence, the location of the Company, or the place of damage infliction (Art. 22 of the Law of Ukraine “On Protection of Consumer Rights”, Art. 28 of the Civil Procedure Code of Ukraine).
• Disputes between the Company and a Client who is a legal entity or a sole proprietor are considered by a commercial court at the location of the defendant or in accordance with the contractual jurisdiction defined in a specific Contract.

14. Governing Law

These Terms and all legal relationships arising in connection with them are governed by the substantive and procedural law of Ukraine.

15. Contacts

• Name: FMAds Advertising Agency (Sole Proprietor Sheremenko Artem Kostiantynovych)
• Legal Address: Apt. 49, Bldg. 10, Valeria Gudzia St., Boryspil, Kyiv Region, 08302
• Email: admin@fmads.agency
• Email for claims: admin@fmads.agency
• Phone: +380 (93) 022-78-35
• Working Hours: Mon–Fri, 09:00–18:00
• EDRPOU Code / RNOKPP: 3414410410
• Social Media:
• Instagram: https://www.instagram.com/fmads.agency/
• Facebook: https://www.facebook.com/friendlymarketingADS
• Telegram: https://t.me/FMads_agency
• WhatsApp: https://call.whatsapp.com/voice/VHdcUA4TTm6kRMFXlhgUoN

 

Last Updated: [05.02.2025]