Terms of Service
FitBoost Terms of Service
Effective Date: 19th April 2025
1. Acceptance of Terms
By accessing or using the FitBoost website (www.fitboostmarketing.com) or engaging our services, you ("Client", "you") agree to these Terms of Service ("Terms"). These Terms form a legally binding agreement between you and FitBoost Marketing Ltd, a company registered in England and Wales ("FitBoost", "we", "us", or "our"), specialising in digital marketing for gyms and fitness businesses.
If you do not accept these Terms, you must not use our website or services. Your continued use signifies your agreement.
2. Services Provided
FitBoost offers a range of tailored digital marketing services specifically designed for the fitness industry. Our core services include:
• Lead Generation Systems: 24/7 digital marketing campaigns designed to generate high-quality leads through paid ads (Meta, Google), SEO, landing page funnels, and email/SMS automation.
• Website Design & Conversion Optimisation: Custom websites built for gyms, designed to convert visitors into paying members with high-conversion landing pages, membership system integration, and mobile-optimised pages.
• Branding and Identity Development: Comprehensive branding services, including brand strategy, logo creation, social media kits, and in-gym promotional assets.
• Growth Partner Program: Full-stack marketing for gyms, including ongoing campaigns across various platforms (Meta, Google), monthly SEO, social media content strategies, email/SMS blasts, and quarterly growth planning.
• Performance Analytics & Reporting: Access to real-time performance dashboards and detailed monthly/quarterly reports on lead generation, conversions, and revenue metrics.
• Client Support & Account Management: Dedicated support with regular strategy calls, performance reviews, and ongoing optimisations.
Details of services, fees, and timelines will be outlined in a separate Service Agreement ("Agreement"). If there's a conflict between these Terms and the Agreement, the Agreement takes precedence.
3. Client Obligations
You agree to:
• Provide timely access to required platforms, information, and content.
• Ensure all provided materials are accurate, up-to-date, and lawfully owned or licensed.
• Comply with all applicable laws and regulations, including advertising and data protection laws.
• Respond promptly to our requests for approvals or feedback.
• Cover third-party costs unless otherwise stated in the Agreement (e.g. ad spend, subscriptions).
4. Fees and Payment
Fees and payment schedules are detailed in the Agreement.
All fees are exclusive of VAT, which will be applied at the prevailing rate.
Invoices are due within 30 days of issue unless stated otherwise.
Late payments may incur interest under the Late Payment of Commercial Debts (Interest) Act 1998.
We may suspend or terminate services for non-payment.
Non-refundable deposits may be required for projects.
Fees are non-refundable unless otherwise agreed or required by law.
5. Intellectual Property
Client Content: You retain ownership of all materials you provide. You grant us a license to use them solely for delivering services.
FitBoost IP: We retain ownership of our methods, tools, templates, and original content unless otherwise agreed. Upon full payment, you receive a license to use deliverables for their intended purpose. You may not resell or reuse FitBoost IP outside the scope of your project.
Website Content: All content on our website is protected by law. You may not reproduce or exploit it without permission.
Third-Party IP: You are responsible for securing rights to third-party materials you ask us to use and agree to indemnify us against related claims.
6. Confidentiality
Each party agrees to keep confidential any proprietary information disclosed during the relationship.
Confidentiality does not apply to information that:
• Becomes public (not due to breach),
• Was known before disclosure,
• Is disclosed lawfully by a third party, or
• Must be disclosed by law.
This obligation continues for 3 years after termination of the Agreement.
7. Warranties
We warrant that we will provide services with reasonable skill and care.
You warrant that:
• You have authority to enter the Agreement and share materials, and
• Your materials comply with all laws and do not infringe third-party rights.
8. Disclaimer
To the fullest extent allowed by law, our website and services are provided "as is", with no guarantees of uninterrupted access, specific results, or error-free performance.
The marketing landscape is dynamic. We cannot guarantee rankings, engagement, or ROI.
9. Limitation of Liability
Nothing limits liability for death, personal injury due to negligence, fraud, or any liability that cannot legally be excluded.
Otherwise, our total liability to you under these Terms or the Agreement is limited to the fees paid to FitBoost in the 12 months prior to the claim.
We are not liable for indirect, consequential, or special damages, including loss of profits, business, or data.
10. Indemnification
You agree to indemnify and hold harmless FitBoost and its team against all claims, losses, damages, or expenses arising from:
• Your breach of these Terms or the Agreement,
• Your use of third-party content,
• Your misuse of our services, or
• Your violation of laws or third-party rights.
We reserve the right to assume exclusive control of any matter subject to indemnification.
11. Electronic Communications and Signatures
You consent to receive communications electronically (e.g., email, online notices).
Your use of our site or clicking "I Agree" or similar constitutes your legal signature and acceptance of these Terms.
You waive any rights requiring physical documents or non-digital communications.
12. Term and Termination
The Agreement will begin on the date specified and continue as outlined therein.
Either party may terminate with 60 days’ written notice.
Either party may terminate immediately if the other commits a material breach not cured within 30 days.
FitBoost may also terminate if you become insolvent.
Upon termination:
• You must pay for all work completed and incurred costs.
• Any FitBoost IP license ends.
• Deposits are non-refundable unless required by law.
13. Data Protection
We comply with the Data Protection Act 2018 and UK GDPR.
We only process personal data as necessary for service delivery and in accordance with our Privacy Policy.
You warrant that you have all necessary legal bases to share data with us for processing.
14. Force Majeure
Neither party is liable for delays or failures due to events beyond their control ("Force Majeure"), including but not limited to natural disasters, pandemics, war, civil unrest, or infrastructure failures.
If a Force Majeure Event lasts over 60 days, either party may terminate the Agreement by written notice.
15. Governing Law and Jurisdiction
These Terms and any related disputes are governed by English law.
The courts of England and Wales have exclusive jurisdiction over any claims.
16. Entire Agreement
These Terms and any Service Agreement represent the full agreement between the parties. They override any prior agreements, understandings, or communications.
17. Amendments
We may update these Terms from time to time. Updates will be published on our website. Material changes affecting active clients will be communicated in writing. Continued use of our services confirms acceptance of updates.
18. Assignment
You may not transfer your rights or obligations under these Terms without our written consent. We may transfer our rights in the event of a business sale or reorganisation.
19. No Waiver
Any delay or failure to enforce a right or provision under these Terms shall not constitute a waiver of that right.
20. Severability
If any provision of these Terms is found invalid or unenforceable, the remainder will remain in full effect. The parties will seek to replace any invalid provision with a valid one reflecting the original intent.
21. Relationship of the Parties
We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
22. Third-Party Rights
These Terms confer no rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
23. Contact Information
If you have questions about these Terms, please contact us:
FitBoost Marketing
2A Prebend Street, London, N1 8PT, UK
Email: info@fitboostmarketing.com
Phone: 07441 426037
Website: www.fitboostmarketing.com