Terms of Service

FMC Digital Ltd — Last updated: 17 July 2026

These Terms of Service ("Terms") govern your use of the FMC Digital Ltd ("FMC Digital", "we", "us") website at fmcdigital.co.nz and, together with any written proposal or services agreement, the digital marketing services we provide. By using our website or engaging our services, you agree to these Terms.

About us

FMC Digital Ltd is a digital marketing agency based in Auckland, New Zealand, providing services including paid media management (such as Google Ads and Meta Ads), campaign strategy, reporting, and related consulting for clients in New Zealand, Australia, and elsewhere.

Our services

The specific services we provide to each client, along with fees, timelines, and deliverables, are set out in the proposal or agreement issued to that client. Where these Terms conflict with a signed agreement, the signed agreement prevails.

To deliver our services, clients may authorise us to access their advertising, analytics, and related accounts (for example Google Ads accounts under our manager account). We access and use these accounts solely to provide the agreed services. Clients may revoke this access at any time, though revoking access may limit our ability to deliver the services.

Client responsibilities

Clients agree to:

  • Provide accurate information and timely access to the accounts, assets, and approvals reasonably required for us to perform the services;

  • Ensure they have the right to grant us access to any accounts or materials they provide;

  • Ensure their products, services, websites, and advertising comply with applicable laws and the policies of the relevant advertising platforms;

  • Pay invoices in accordance with the agreed payment terms.

Advertising spend and platform policies

Advertising spend paid to platforms (such as Google or Meta) is separate from our service fees unless otherwise agreed, and is charged by the platform directly to the client's payment method or account. Advertising platforms operate under their own terms and policies, and we are not responsible for platform decisions, including ad disapprovals, account suspensions, pricing changes, or changes to platform features. We do not guarantee specific advertising results, rankings, costs, or returns, as these depend on factors outside our control.

Intellectual property

We retain ownership of our pre-existing tools, know-how, templates, and methodologies. Upon payment in full, clients receive the right to use the deliverables we create for them (such as ad copy, creative assets, and reports) for their own business purposes. Content on our website, including text, graphics, and branding, is owned by or licensed to FMC Digital and may not be reproduced without our permission.

Confidentiality and privacy

Each party agrees to keep the other's confidential information confidential and to use it only for purposes connected with the services. Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

Limitation of liability

To the maximum extent permitted by law:

  • Our total aggregate liability arising out of or in connection with the services in any 12-month period is limited to the service fees paid by the client to us for those services during that period;

  • We are not liable for any indirect or consequential loss, loss of profit, loss of revenue, or loss of data;

  • Nothing in these Terms limits rights that cannot be excluded under applicable law, including, where it applies, the New Zealand Consumer Guarantees Act 1993. Where services are acquired for business purposes, the parties agree the Consumer Guarantees Act 1993 does not apply.

Termination

Either party may end an engagement in accordance with the applicable agreement, or otherwise on reasonable written notice. On termination, the client remains responsible for fees for work performed up to the termination date, and each party will return or delete the other's confidential information on request, except as required to be retained by law.

Website use

You may use our website for lawful purposes only. We make reasonable efforts to keep website content accurate but provide it for general information only; it does not constitute professional advice. We may update, change, or remove website content at any time.

Changes to these Terms

We may update these Terms from time to time. The current version will always be available on this page, and continued use of our website or services after an update constitutes acceptance of the updated Terms.

Governing law

These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

Contact us

FMC Digital Ltd Auckland, New Zealand Email: fmcdigital.nz@gmail.com Website: https://fmcdigital.co.nz