Terms & Conditions

1. Introduction & Acceptance

Welcome to MXK Digital ("Company", "we", "us", or "our"). We are a marketing agency registered in The Republic of Serbia, specializing in client acquisition systems for the insurance industry.

By accessing our website (www.mxkdigital.com), downloading our "Agency Compliance™ Guide," or engaging our services (including the "10 Seat Strategy"), you agree to be bound by these Terms & Conditions ("Terms"). Certain sections, such as the 12-week commitment and payment terms (Section 3) and intellectual property (Section 5), apply only to clients who enter into a paid engagement with us. If you do not agree, you must cease using our services immediately.

GOVERNING LAW & JURISDICTION: These Terms are governed by the laws of The Republic of Serbia. Any disputes shall be resolved exclusively in the competent courts of Subotica, Serbia.

2. Nature of Services (The "10 Seat" Program)

MXK Digital provides digital marketing strategy, ad management, and funnel development services (the "Services").

• No Guarantees: While we utilize our proprietary methods to optimize for metrics like "Cost Per Bound Policy," we do not guarantee specific revenue, lead volume, or ROI. Past results (e.g., case studies showing 14.2X ROAS) are for illustrative purposes only and are not a promise of future performance.
• Service Scope: Our role is that of a "Fractional CMO" and marketing partner. We manage the advertising infrastructure; the Client is responsible for closing leads and selling policies.

3. The 12-Week Commitment & Payment Terms

For clients accepted into our "10 Seat Client Roster," the following financial terms apply:

• Minimum Commitment: Our onboarding protocol requires a mandatory 12-week (90-day) commitment. This is necessary to build, launch, and optimize the acquisition system.
• Payment Obligation: By enrolling, you agree to pay the full fees associated with the 12-week term. This obligation is absolute. If you choose to pause, cancel, or stop using the Services before the 12 weeks are up, the remaining balance for the full term becomes immediately due and payable.
• Late Fees: Invoices not paid within 7 days of the due date may incur a late fee of 5% per month or the maximum allowed by law.
• Billing: Fees are typically invoiced monthly in USD as specified in your Service Agreement or proposal. You authorize us to charge the payment method on file for each billing period during the 12-week term.
• Suspension for Non-Payment: If any billing attempt fails, we reserve the right to immediately pause all ad campaigns and Services until the account is brought current. Pausing campaigns due to non-payment does not pause the 12-week contractual clock.
• After the Initial Term: After the initial 12-week commitment, services (if continued) will either (a) continue to be invoiced monthly, or (b) be governed by a new written agreement between us.

4. Refund Policy

All sales are final.

• No Refunds on Services: Because our services involve significant manual labor, intellectual property transfer, and custom engineering, we offer NO REFUNDS once the onboarding process has begun. For clarity, ‘onboarding’ begins when we start any setup work on your account (for example: strategy calls, access requests, pixel/tag installation, account structure design, or initial creative development), whether or not campaigns have gone live.
• No Refunds for Ad Spend: MXK Digital is not responsible for your direct payments to advertising platforms (Meta, Google, etc.). We cannot refund money paid to third parties.

5. Intellectual Property (Ownership Rights)

We believe in "Owned, Not Rented" growth, but ownership is subject to payment.

• MXK Digital Background IP: We retain all ownership rights to our proprietary methodologies, including the Agency Compliance™ System, nurturing strategy, and our internal code/templates ("Background IP"). You are granted a non-exclusive license to use these for your own agency marketing only.
• Client Deliverables: Upon full and final payment of all fees for the initial 12-week term, ownership of the specific creative assets (ad copy, images, custom funnel designs) created specifically for your agency transfers to you.
• Data Ownership: You own your lead data and customer lists at all times.

6. Compliance & Legal Disclaimer (Agency Compliance System™)

MXK Digital is a marketing agency, not a law firm.

• Not Legal Advice: The Agency Compliance™ audit, guides, and compliance frameworks are for educational and marketing optimization purposes only. They do not constitute legal advice.
• Client Responsibility: You (the Client) are solely responsible for ensuring your marketing complies with all applicable laws, including but not limited to the TCPA, FCC regulations, CAN-SPAM Act, CCPA, and your specific state insurance department regulations.
• Final Approval: You must review and approve all ad copy, scripts, and targeting criteria before they go live.
• Indemnification: You agree to indemnify, defend, and hold harmless MXK Digital and its officers, employees, and agents from any claims, fines, penalties, or lawsuits (including TCPA class actions) to the extent they arise out of: (a) your failure to comply with applicable laws and regulations; (b) your use of leads generated through our services; or (c) your content, offers, or internal sales practices.

7. Client Responsibilities & Communication

To ensure the success of the system, you agree to:

• Our Response Time: We aim to respond to all inquiries within 48 hours (Monday–Friday, CET Time Zone).
• Feedback: You must provide timely feedback on leads and sales data. A failure to provide data may hinder our ability to optimize campaigns.
• Professional Conduct: We reserve the right to terminate any client relationship immediately (without refund) in cases of abuse, harassment of staff, or unethical business practices.

8. Limitation of Liability

No Warranties: Except as expressly stated in a written Service Agreement, our website and services are provided “as is” and “as available.” We disclaim all warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by law:

• MXK Digital shall not be liable for any indirect, incidental, or consequential damages (including lost profits or business interruption).
• Our total liability for any claim arising out of these Terms shall not exceed the total amount of fees paid by you to MXK Digital in the three (3) months preceding the claim.

9. Third-Party Platforms

We rely on third-party platforms (Meta, Google, HighLevel). We are not responsible for:

• Account suspensions, bans, or restrictions imposed by these platforms (though we will assist in appeals where possible).
• Changes to platform algorithms or policies that affect campaign performance.

10. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable under Serbian law, the remaining provisions will remain in full effect. These Terms, combined with any specific Service Agreement signed by you, constitute the entire agreement between us.

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, business, or applicable law. When we do, we will update the “Last Updated” date at the top. Your continued use of the website or services after any changes become effective constitutes your acceptance of the revised Terms.

12. Contact Information

For legal notices or questions regarding these Terms:

Legal Entity: MILAN KRKLJEŠ PR MXK DIGITAL
Registration ID (MB/PIB): 113928229
Address: Golubova 24, Bajmok, Serbia
Email: support@mxkdigital.com