Terms and Conditions

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Welcome to www.fsx3media.com

The www.fsx3media.com website (the "Site") is comprised of various web pages operated by FSX3 Media LLC. www.fsx3media.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.fsx3media.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. www.fsx3media.com is a Full Service Web-Based Media House Site. The purpose of the FSX3 Media LLC website is to display our project portfolio, provide both existing and new clients with an easy-to-use signup process and project management solution, provide the public with technologically based tips through the blog, and assist our team in managing our client's projects.

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Privacy

Your use of www.fsx3media.com is subject to FSX3 Media LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

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Electronic Communications

Visiting www.fsx3media.com or sending emails to FSX3 Media LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

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Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FSX3 Media LLC is not responsible for third-party access to your account that results from theft or misappropriation of your account. FSX3 Media LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

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Payment Terms

FSX3 Media LLC charges exclusively for labor services. We offer clients discounts on hosting, domain, business services, and other service add-ons that they may elect to include in their digital solutions. As a Wix.com partner, we are able to provide these discounts to our clients. However, clients are responsible for any hosting expenses, including but not limited to site hosting, domain hosting, email services, plugin costs, or Wix.com added services.

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Default of Payment

FSX3 Media LLC will work with clients to ensure that a default of payment for services does not happen. Payments are due on the 1st of each month, the 5th at the latest. A soft default is a payment not made by the 5th of the month. An initial late fee of $50 will be assessed and interest will accrue on the balance at a 1.5% rate per day. A hard default is two months' payments missed. For any type of default of payment, including returned checks, FSX3 Media LLC will cease all work on the project until a payment in the full amount due is made and cleared. Your online services will be suspended unless you are notified in writing otherwise. Project deadlines may be halted or pushed out depending on the severity of the default and time it takes to rectify the payment issue. In the event a default of payment occurs for more than two months, FSX3 Media LLC reserves the right to assess additional interest at 5% per week from the start of default, additional fees, and other necessary financial penalties. The balance is due in full and deemed late if not paid within 65 days of the original default of payment. FSX3 Media LLC reserves the right to appropriately assign any past due balance to a collections agency for collections. Returned or bounced checks are subject to a return check fee of $75 as well as additional fees assessed to cover any fees associated with banking fees regarding returned checks. In the event a check is returned/bounces, FSX3 Media LLC will assess a return check fee of $50 and additional interest at 5% per week of the balance due. By using our services and our website you agree that you personally guarantee any monetary and financial balances due for services as described herein.

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Pricing Changes

FSX3 Media LLC reserves the right to change its pricing at any time as deemed necessary based upon service offering availabilities and the current market conditions. Clients will be notified of any changes to pricing at least 30 days in advance. Continued use of FSX3 Media LLC’s services after pricing changes have been communicated will constitute acceptance of the new pricing.

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Refunds

FSX3 Media LLC does not issue refunds for services provided or for intangible or digital products it produces including, but not limited to, websites, commercial videos, graphics, jingles, mobile applications, digital consultations, etc. This is non-negotiable.

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Termination

Clients are held to the term of their monthly payment agreement plus 12 months. After this term, the agreement switches to a yearly agreement and can be terminated with a minimum of 60 days' written notice from either party prior to the end of the term. FSX3 Media LLC reserves the right to terminate the agreement for circumstances surrounding, but not limited to, fraud, copyright infringement, or plagiarism of another’s works. All balances will be immediately due upon termination. FSX3 Media LLC reserves the right to impose a fee upon its clients for any early termination of the contract, for any reason. This early termination fee is not to exceed $1500.

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Relationship of Parties

It is understood by the parties that FSX3 Media LLC is an independent contractor with respect to clients, and not an employee of clients. Clients will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of FSX3 Media LLC. Clients will not destroy, undo, or change any work that is performed by FSX3 Media LLC without prior, written approval. Any destruction or change of work performed by FSX3 Media LLC occurring by clients without prior written approval is subject to a charge of $150/hr to repair the destruction.

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Title and Copyright Assignment

FSX3 Media LLC and the clients intend this to be a contract for services and each considers the products and results of the services to be rendered by FSX3 Media LLC hereunder (the "Work") to be a work made for hire. FSX3 Media LLC acknowledges and agrees that the Work (and all rights therein including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the clients and FSX3 Media LLC both equally.

If for any reason the Work or any part thereof would not be considered a work made for hire under applicable law, FSX3 Media LLC does hereby sell, assign, and transfer to the clients, its successors and assigns, the entire right, title and interest in and to the copyright in the Work and any registrations and copyright applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the Work, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all clauses of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing throughout the world.

If the Work is one to which the provisions of U.S.C. 106A apply, FSX3 Media LLC hereby waives and appoints the clients to assert on FSX3 Media LLC's behalf FSX3 Media LLC's moral rights or any equivalent rights regarding the form or extent of any alteration of the Work (including, without limitation, removal or destruction) or making of any derivative works based on the Work, including, without limitation, photographs, drawings or other visual reproductions of the Work, in any medium, for the clients' purposes.

FSX3 Media LLC agrees to execute all papers and to perform such other proper acts as the clients may deem necessary to secure for the clients or their designee the rights herein assigned.

Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created on behalf of the clients are the property of the clients and FSX3 Media LLC both equally.

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Confidentiality

FSX3 Media LLC may have had access to proprietary, private and/or otherwise confidential information ("Confidential Information") of the clients. Confidential Information shall mean all non-public information which constitutes, relates, or refers to the operation of the business of the clients, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the clients, and any and all trade secrets, customer lists, or pricing information of the clients. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. FSX3 Media LLC will not at any time or in any manner, either directly or indirectly, use for the personal benefit of FSX3 Media LLC, or divulge, disclose, or communicate in any manner any Confidential Information. FSX3 Media LLC will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, FSX3 Media LLC will return to clients all Confidential Information, whether physical or electronic, and other items that were used, created, or controlled by FSX3 Media LLC during the term of this Agreement.

This Agreement is in compliance with the Defend Trade Secrets Act and provides civil or criminal immunity to any individual for the disclosure of trade secrets: (i) made in confidence to a federal, state, or local government official, or to an attorney when the disclosure is to report suspected violations of the law; or (ii) made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

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Services Provided

FSX3 Media LLC offers a range of services, including but not limited to:

• Website Development and Design

• Web Applications

• Mobile Applications

• Hosting Solutions

• Social Media Management

• Graphic Design

• Photography

• Videography

Clients engaging FSX3 Media LLC for these services agree to provide necessary access, information, and resources required for FSX3 Media LLC to effectively deliver the requested services. Clients are also responsible for any third-party costs associated with these services, including but not limited to subscriptions, licensing fees, and hosting costs.

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Definitions

For the purposes of these Terms, the following definitions apply:

• Client: Any individual or entity that engages FSX3 Media LLC for services.

• Confidential Information: All non-public information which constitutes, relates, or refers to the operation of the business of the Client, including all financial, investment, operational, personnel, sales, marketing, managerial, and statistical information of the Client, and any and all trade secrets, customer lists, or pricing information of the Client.

• Work: The products and results of the services to be rendered by FSX3 Media LLC.

• Social Media Contacts: Followers, friends, or other connections acquired through social media accounts used or created on behalf of the Client.

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Updates to Terms of Service

FSX3 Media LLC reserves the right to update these Terms of Service from time to time. We may notify you about significant changes by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any related information. Your continued use of the website and/or Services after such modifications will constitute your: (a) acknowledgment of the modified Terms of Service; and (b) agreement to abide and be bound by those Terms.

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By using www.fsx3media.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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Effective January 1, 2024.