Terms of Service

Last updated: February 24, 2026

These Terms of Service ("Terms") govern your access to and use of the website fbgllc.com and any services provided by FBG Holding LLC ("FBG", "we", "us", or "our"). By engaging our services or using this website, you agree to these Terms.

1. Services

FBG Holding LLC provides software development (web applications, mobile apps, cloud & DevOps) and digital advertising services (Google Ads, SEO, social media advertising, performance analytics) to business clients. Specific deliverables, timelines, and fees are agreed upon in separate written proposals or service agreements ("Statements of Work") which form part of these Terms.

2. Eligibility

Our services are intended for businesses and professionals. By engaging us, you represent that you are acting on behalf of a legal entity or as a sole trader, and that you have authority to enter into binding agreements on behalf of that entity.

3. Project Engagement & Proposals

  • All engagements begin with a written proposal detailing scope, timeline, pricing, and payment terms.
  • A signed proposal or Statement of Work, together with receipt of any agreed deposit, constitutes a binding contract.
  • Scope changes requested after project commencement may be subject to additional fees and revised timelines, confirmed in writing.

4. Fees & Payment

  • Fees are specified in the applicable Statement of Work.
  • Unless otherwise agreed, project-based engagements require a deposit (typically 50%) before work commences, with the balance due upon delivery.
  • Monthly retainers are invoiced at the start of each calendar month and due within 14 days.
  • Late payments accrue interest at the rate of 1.5% per month (or the maximum permitted by law, whichever is lower).
  • FBG Holding LLC reserves the right to suspend work on overdue accounts after 14 days' written notice.

5. Intellectual Property

Client-owned deliverables

Upon receipt of full payment, FBG assigns to the client all intellectual property rights in the custom deliverables created specifically for that client under the applicable Statement of Work, including source code, designs, and written content.

FBG-retained IP

FBG retains ownership of all pre-existing tools, frameworks, libraries, methodologies, general know-how, and any reusable components developed independently of a specific client engagement. Where such materials are incorporated into client deliverables, FBG grants the client a perpetual, non-exclusive, royalty-free license to use them as part of those deliverables.

Third-party components

Deliverables may incorporate open-source software or third-party licensed components. FBG will disclose significant third-party dependencies and their licenses in project documentation.

6. Client Responsibilities

The client agrees to:

  • Provide timely access to necessary accounts, assets, and stakeholders
  • Review and provide feedback within agreed timeframes (delays may affect delivery dates)
  • Ensure that all content, trademarks, and materials provided to FBG do not infringe third-party rights
  • Maintain their own backups of any data or systems provided to FBG
  • Comply with all applicable laws, including advertising regulations and data protection requirements (GDPR / CCPA and applicable US state laws)

7. Advertising Services — Additional Terms

  • Ad spend budgets are held and managed in client-owned platform accounts wherever possible. FBG does not mark up media spend unless explicitly agreed.
  • Campaign results depend on market conditions, platform algorithms, and factors outside FBG's control. FBG does not guarantee specific ROAS, CPA, or revenue outcomes.
  • The client is responsible for ensuring that advertised products and services comply with platform policies and applicable law.

8. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party in connection with the engagement. This obligation survives termination of the engagement for a period of 3 years. Neither party will use the other's confidential information except as necessary to perform the engagement.

9. Data Protection

Where FBG Holding LLC processes personal data on behalf of the client (e.g., analytics data, ad audience data), FBG acts as a data processor. Both parties agree to comply with applicable data protection laws including GDPR and US state privacy laws. A Data Processing Agreement (DPA) is available on request.

10. Limitation of Liability

To the fullest extent permitted by applicable law, FBG's total liability for any claim arising under or in connection with an engagement shall not exceed the total fees paid by the client to FBG in the 3 months preceding the event giving rise to the claim.

FBG shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data, even if advised of the possibility of such damages.

11. Termination

Either party may terminate an ongoing engagement with 30 days' written notice. Upon termination, the client shall pay for all work completed up to the termination date. FBG will deliver all completed work product to the client upon receipt of final payment.

12. Governing Law & Dispute Resolution

These Terms and any disputes arising out of or in connection with them shall be governed by the laws of the State of New Jersey, USA. The parties agree to first attempt to resolve disputes through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the exclusive jurisdiction of the courts of Bergen County, New Jersey.

13. Changes to These Terms

We may update these Terms at any time. The updated version will be posted on this page with a new "Last updated" date. Continued use of our website or services after changes constitutes acceptance of the revised Terms.

14. Contact

By using this website or engaging FBG Holding LLC's services, you acknowledge that you have read, understood, and agree to these Terms of Service.