Terms of Service

1. About these terms

These Terms of Service ("Terms") apply to the website at theflaconet.com and to every service provided by THEFALCONET ("Falconet", "we", "us" or "our") to a business or person who engages us ("you" or the "Client").

Each engagement is described in a written proposal, plan, quote or statement of work (a "Plan"). By accepting a Plan, paying an invoice or asking us to start work, you agree to these Terms. If a Plan and these Terms conflict, the Plan takes priority for that engagement.

Our services are offered to businesses. If you are a consumer, nothing in these Terms affects the rights you have under the consumer law that applies to you.

2. Our services

Depending on your Plan, our services may include short-form video and content production, social media management, paid advertising, web design and development, AI agents (such as AI receptionists, lead follow-up, messaging and review automation), reporting and dashboards (together, the "Services").

• Scope. We deliver what your Plan describes. Work outside it, including extra deliverables, revision rounds or features, is quoted separately before we start it.
• Free consultation. The free call is a no-obligation conversation. Ideas shared on it are general and do not form a Plan or professional advice.
• Timelines. Dates in a Plan are good-faith estimates that depend on your timely input. We will tell you promptly if a date is at risk.
• Subcontractors. We may use trusted freelancers and specialists, for example for filming, animation or 3D work. We remain responsible for their work.

3. Your responsibilities

To deliver on time and to standard, we rely on you to:

• provide accurate information, brand assets, content and feedback when we ask for them;
• give us the access we need to your accounts, websites, phone systems and tools, and keep your own login details secure;
• appoint one person who can approve work and make decisions;
• make sure you have the right to use everything you give us, including logos, photos, music, trademarks, customer lists and testimonials;
• check that claims about your products and services are true and that your offers comply with the law and the rules of your industry.

If delays or missing materials on your side hold up the work, we may adjust the timeline, and any extra time or rescheduling costs this causes may be charged at the rates in your Plan.

4. Fees and payment

• Prices. Fees are set out in your Plan. Fixed-price projects stay fixed unless the scope changes; changes are agreed in writing first.
• Deposits. Projects usually start after a deposit, as stated in the Plan. Monthly services are invoiced in advance at the start of each month.
• Invoices. Unless your Plan says otherwise, invoices are due within 14 days of the invoice date. Fees exclude VAT and other applicable taxes, which are added where required.
• Late payment. If an invoice is overdue, we may pause the Services after giving you 7 days' written notice, and charge late-payment interest and reasonable recovery costs to the extent the law allows.
• Third-party costs. Ad spend, software subscriptions, stock media, domain names, hosting, phone numbers, call minutes and AI usage fees are your responsibility. They are either paid by you directly or passed on at cost, as agreed in the Plan.

5. Approvals and revisions

Your Plan states how many revision rounds are included. A revision is a change to an existing deliverable; a new concept or a change of direction counts as new work.

Content, ads and website changes go live only after you approve them, unless you ask us in writing to publish without approval. If we ask for approval and receive no feedback within 5 business days, the deliverable may be treated as approved so that the schedule can continue.

6. Ad spend and platforms

Paid campaigns run on third-party platforms such as Meta, Google and TikTok. Each platform has its own terms, ad policies and review process, which apply to you as the advertiser.

• Ad spend is charged by the platform to your payment method, or to ours and re-invoiced at cost if the Plan says so.
• Platforms may reject ads, limit delivery, change their rules or suspend accounts at their discretion. We will help you respond, but we are not liable for platform decisions or outages.
• Ad accounts, pixels and audiences we set up for you belong to you.

7. AI agents and automation

AI agents use third-party language, voice and messaging services. They are designed to follow your instructions and approved information, but AI output can be incomplete or wrong. You therefore agree that:

• you review and approve the scripts, knowledge and rules an agent uses, and tell us promptly when information changes, such as prices, opening hours or policies;
• agents must not be relied on for medical, legal, financial, emergency or other decisions that need a qualified person, and we set them up to hand such matters to a human;
• you are responsible for informing callers and customers that they may be speaking with an AI, and for obtaining any consent the law requires for call recording, transcription, automated messages and marketing;
• usage limits and costs from the underlying providers apply as described in your Plan.

8. Results

We will provide the Services with reasonable skill and care, in line with good industry practice. Reach, engagement, rankings, leads, bookings, sales and other results depend on many factors outside our control, including your market, offer, budget and the platforms' algorithms. Unless a Plan expressly states otherwise, we do not guarantee any specific result. Figures shown as samples or examples on our website are illustrative only.

9. Intellectual property

• Your deliverables. Once you have paid in full for a deliverable, you own the final version we created for you, such as your edited videos, ad creatives, website design and content. Until then, we grant you a licence to use it for review.
• Our tools. We keep ownership of our pre-existing materials and know-how, including templates, code libraries, frameworks, prompts, workflows and internal tools. Where they form part of a deliverable, you receive a non-exclusive, perpetual licence to use them as part of that deliverable.
• Third-party assets. Fonts, stock media, music, plug-ins and software are licensed from their owners under their own terms.
• Raw files. Raw footage, project files and source files are not included unless your Plan says so.
• Portfolio. We may show finished work and your name in our portfolio and marketing, unless you ask us in writing not to or the work is confidential.

10. Confidentiality

Each of us will keep the other's confidential information private, use it only for the engagement and share it only with people who need it and are bound by similar duties. This does not apply to information that is public, already known, independently developed or that must be disclosed by law. These duties continue for 3 years after the engagement ends.

11. Data protection

Each of us will comply with the data protection laws that apply to us. Our Privacy Policy explains how we handle personal data as a controller.

When we process personal data on your behalf, for example call recordings, messages or customer details handled by an AI agent or in your ad accounts, we act as your processor and only on your documented instructions. A data processing agreement is available on request and forms part of these Terms once signed.

12. Term and cancellation

• Monthly services continue month to month after any minimum term stated in your Plan. Either of us can cancel with 30 days' written notice; email is fine.
• Projects end when the deliverables are completed and paid for. If you cancel a project early, you pay for work done and costs committed up to the cancellation date, and the deposit is non-refundable unless your Plan says otherwise.
• Breach. Either of us may end the engagement immediately by written notice if the other materially breaches these Terms and does not fix the breach within 14 days of being asked to, or becomes insolvent.
• On termination you pay all outstanding invoices, we hand over the paid-for deliverables and your account access, and we remove our own access to your systems.

13. Liability

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

Subject to that, neither of us is liable for loss of profit, revenue, business, goodwill or data, or for indirect or consequential loss. Our total liability arising from an engagement is limited to the fees you paid us for it in the 12 months before the claim arose.

You will compensate us for claims brought by third parties that arise from materials you supplied, instructions you gave or your use of the deliverables in breach of the law.

14. General terms

• Events outside our control. Neither of us is responsible for delays caused by events beyond reasonable control, such as platform outages, internet failures, illness, extreme weather or government action.
• Non-solicitation. During the engagement and for 12 months after it, you agree not to directly hire our staff or freelancers who worked on your account without our agreement.
• Assignment. Neither of us may transfer an engagement to someone else without the other's written consent, except as part of a sale or reorganisation of a business.
• Entire agreement. These Terms and your Plan are the whole agreement between us for the engagement. If any part is found unenforceable, the rest stays in force.
• Changes. We may update these Terms from time to time. The version in force when you accept a Plan applies to it; changes for ongoing monthly services take effect 30 days after we notify you.
• Governing law. These Terms are governed by the laws of the country in which THEFALCONET is registered, and its courts have jurisdiction, unless mandatory law where you are based says otherwise. Before going to court, we will both try in good faith to resolve any dispute by talking it through.

15. Using this website

You may browse this website and share its pages for personal and business purposes. Please do not copy or reuse our designs, text, images, videos or code without permission, misuse the site, attempt to access it without authorisation or interfere with its operation.

Content on this website is general information, not professional advice. Demo builds and live demos use sample or simulated data and are marked as such. Links to other websites are provided for convenience and we are not responsible for their content.

16. Contact

Questions about these Terms? Email us at falconet@theflaconet.com.