These Terms of Service ("Terms") govern your engagement with Fluxion's services. By signing a service agreement with Fluxion, you agree to be bound by these Terms.
Services
Fluxion provides done-for-you digital marketing services for local restaurants. Depending on your agreement, services may include:
- Custom website design and hosting.
- Google Business Profile management and optimization.
- Automated review request campaigns.
- Missed-call text-back automation.
- Email and SMS marketing campaigns.
- Monthly performance reporting.
The exact scope of services delivered is defined in your signed service agreement. Fluxion reserves the right to update or improve service methods over time.
SMS Messaging Terms
Fluxion operates an SMS messaging program to communicate with clients and prospective clients who have opted in. By consenting to receive text messages from Fluxion, you agree to the following:
- Program Name: Fluxion SMS. Fluxion may send non-marketing messages including appointment confirmations, service updates, onboarding documents, payment links, and account notifications. If you separately opt in, Fluxion may also send marketing messages about special offers, discounts, and service updates.
- Opt-Out: You can cancel SMS messages at any time. Just text "STOP" to any message from us. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, sign up as you did the first time and we will start sending SMS messages to you again.
- Help: If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more assistance, or contact us directly at hello@fluxionagency.com.
- Carrier Liability: Carriers are not liable for delayed or undelivered messages.
- Message Frequency: Message frequency varies based on your account activity and service phase.
- Message and Data Rates: Message and data rates may apply. Please contact your wireless carrier for details about your text plan or data plan.
Payment Terms
Services are billed as follows:
- Payments are processed electronically.
- All fees are non-refundable unless otherwise stated in your service agreement.
- If payment is not received within 7 days of the due date, Fluxion reserves the right to pause services until the outstanding balance is resolved.
- Prices may be updated with 30 days written notice to existing clients.
Client Responsibilities
To allow Fluxion to deliver results, you agree to:
- Provide accurate business information, access credentials, and any materials needed for service delivery.
- Respond to requests for approvals or information within a reasonable time, typically 3 to 5 business days.
- Maintain ownership of all accounts and profiles we manage on your behalf.
- Notify Fluxion promptly of any changes to your business that may affect service delivery.
Intellectual Property
Any content, designs, or materials created by Fluxion specifically for your restaurant become your property upon full payment of all outstanding fees.
Fluxion retains the right to display completed work in its portfolio and marketing materials unless you request otherwise in writing. Pre-existing intellectual property belonging to either party remains the sole property of that party.
Limitation of Liability
Fluxion is not liable for any indirect, incidental, or consequential damages arising from the use of our services.
Our total liability for any claim will not exceed the total fees paid by you in the three (3) months preceding the claim.
Termination
Either party may terminate services with 30 days written notice. Upon termination:
- You will be billed for all services rendered up to the termination date.
- Fluxion will transfer ownership of any accounts, files, or assets managed on your behalf.
- The one-time setup fee is non-refundable.
Fluxion reserves the right to terminate immediately and without notice if you materially breach these Terms or engage in conduct that is harmful to Fluxion or its staff.
Governing Law
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of law provisions.
Any disputes arising under these Terms will be resolved in the courts located in Nashville, Tennessee.
Contact
Questions about these Terms? Reach out to us directly: