Terms & Conditions

Last updated: 1/20/26

These Terms & Conditions (“Terms”) govern all website design, development, digital marketing, consulting, and related services (“Services”) provided by Social Fire Media/SFM Creative (“Agency”) to its clients (“Client”).

By accessing, reviewing, or agreeing to these Terms—whether by clicking a link, signing an agreement, approving a proposal, submitting payment, or authorizing work to begin—Client acknowledges and agrees to be bound by these Terms.

1. Ownership & Intellectual Property

Upon receipt of full payment of all amounts due, ownership of the final website deliverables specifically created for Client under a written agreement or approved proposal shall transfer to Client.

Notwithstanding the foregoing, Agency retains all rights, title, and interest in:

  • Pre-existing intellectual property

  • Proprietary tools, templates, frameworks, scripts, processes, methodologies, and know-how

  • Third-party software, plugins, themes, libraries, and services, which remain subject to their respective licenses

Agency grants Client a non-exclusive, perpetual, non-transferable license to use such materials solely as incorporated into the final deliverables.

2. Client Materials & Indemnification

Client represents and warrants that it owns or has obtained all necessary rights, licenses, and permissions to use any content, materials, data, code, trademarks, or intellectual property provided to Agency.

Client agrees to indemnify, defend, and hold harmless Agency and its officers, employees, contractors, and agents from any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Client-provided materials

  • Alleged infringement or misappropriation of intellectual property rights

  • Client’s use or misuse of the Services or deliverables

  • Client’s violation of applicable laws or regulations

3. Portfolio & Promotional Use

Unless otherwise agreed to in writing, Agency retains the irrevocable right to display, reproduce, and reference the completed work, including screenshots and excerpts, as part of its portfolio, case studies, marketing materials, presentations, and promotional activities.

4. Third-Party Services & No Guarantees

Client acknowledges that the Services may involve third-party platforms, hosting providers, plugins, APIs, themes, or other services not controlled by Agency.

Agency makes no representations or warranties regarding:

  • The continued availability, security, performance, or compatibility of third-party services

  • Website traffic, rankings, conversions, revenue, or business outcomes

  • Future software, browser, CMS, or platform updates

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Agency shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, loss of business opportunity, or business interruption, even if advised of the possibility of such damages.

Agency’s total cumulative liability arising out of or related to the Services or these Terms shall not exceed the total fees actually paid by Client to Agency under the applicable agreement or proposal.

6. Governing Law & Venue

These Terms and any dispute arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Any legal action shall be brought exclusively in the state or federal courts located within Pennsylvania, and the parties consent to such jurisdiction and venue.

7. Entire Agreement; Incorporation

These Terms, together with any executed agreement, proposal, statement of work, or invoice referencing them, constitute the entire agreement between Agency and Client and supersede all prior or contemporaneous communications.

In the event of a conflict between these Terms and a signed agreement, the signed agreement shall control.

8. Severability; No Waiver

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Agency to enforce any right or provision shall not constitute a waiver.

9. Acceptance

Client’s acceptance of these Terms may occur by:

  • Clicking a link referencing these Terms

  • Signing an agreement that incorporates these Terms by reference

  • Submitting payment

  • Authorizing Agency to begin work

Such actions constitute Client’s agreement to be bound by these Terms.