These Terms of Service ("Terms") apply to your use of firstrive.com (the "Website") and to quote requests, free website audits, and other inquiries you make through it. The Website is operated by Firstrive Digital Marketing Services ("Firstrive," "we," "us," or "our"), a business registered in the Philippines.
By using the Website, you agree to these Terms. If you do not agree, please do not use the Website. If you use the Website on behalf of a business, you confirm that you can accept these Terms for that business.
1. What these Terms cover
These Terms cover the Website and the steps before a project starts. Paid work, such as web design, WordPress development, ecommerce, branding, website maintenance, SEO, and social media management, is governed by a separate written proposal and project agreement (together, the "Project Agreement"). If these Terms and a Project Agreement conflict, the Project Agreement wins for that project.
2. Using the Website
You may use the Website to learn about our services, read our articles, and contact us. You agree not to:
- use the Website in a way that breaks any law;
- try to gain unauthorized access to the Website, its hosting, or related systems;
- send spam, malware, or automated submissions through our forms;
- copy, scrape, or republish Website content in bulk, or present it as your own; or
- interfere with the Website's security or performance.
We may update, suspend, or remove any part of the Website at any time.
3. Quote requests
Requesting a quote is free and you are under no obligation to proceed. After we review your request, we may ask follow-up questions and send a proposal with our suggested scope, deliverables, timing, and fees. Please note:
- Sending a request does not create a contract, and we may decline a project for any reason.
- Prices on the Website, in articles, or in conversations are estimates until they appear in a written proposal.
- A proposal is valid for 30 days unless it says otherwise.
- A project starts only when the Project Agreement is accepted and any required deposit is paid.
4. Free website audits and reviews
Our free website audit is an initial review of your website's page clarity, navigation, mobile usability, and inquiry or buying journey. It is not a security audit, a full technical audit, a legal or accessibility compliance review, or a guarantee of results. We decide how many audit requests we can take on and may decline or delay a request. Any paid follow-up work needs a separate proposal.
By requesting an audit, you confirm that you own the website or have permission to request a review of it. We only look at publicly available pages unless you give us access and we agree to use it.
5. How projects work
The Project Agreement for each project sets out the details. As a general guide, it will cover:
- Scope: deliverables, exclusions, and number of revision rounds. Work outside the agreed scope needs a change request and may change the fee and timeline.
- Your responsibilities: content, images, feedback, approvals, and account access, provided on time. Delays on either side can move the timeline.
- Fees and payment: A 50% deposit is due before work starts, and the remaining 50% is due before launch. Retainers and other arrangements follow the proposal. Invoices are due within 7 days. We may pause work on overdue accounts.
- Third-party costs: domains, hosting, premium themes and plugins, platform fees (for example, Shopify), stock assets, and paid tools are listed in the proposal and are your responsibility unless the proposal says otherwise.
- Cancellation and refunds: Once work has started, the deposit is non-refundable, and work completed up to the cancellation date is billable.
- Handover: what files, logins, and documentation you receive at the end.
6. Ownership and intellectual property
Website content. The text, graphics, illustrations, logos, and other materials on the Website belong to Firstrive or its licensors. You may share links and short quotes with credit, but you may not copy or reuse our content for commercial purposes without written permission.
Client deliverables. Unless the Project Agreement says otherwise, once you have paid in full you own the final deliverables created specifically for you, such as your final logo files, website design, and custom content. We keep ownership of our pre-existing tools, code snippets, templates, and know-how, and you receive a license to use them as part of your deliverables. Third-party items, such as themes, plugins, fonts, and stock images, remain subject to their own licenses.
Your accounts. We recommend that your domain, hosting, and platform accounts are registered in your business's name. Where we set up accounts for you, we will hand over ownership or admin access as agreed in the Project Agreement.
Portfolio. Unless you ask us not to in writing, we may show completed work in our portfolio and marketing. We will not share confidential information.
7. No guaranteed results
We work carefully to deliver what we agree to deliver. We do not guarantee rankings, traffic, inquiries, sales, social media growth, uptime, or security outcomes. Results also depend on your offer, audience, competition, content, search engine and platform changes, and other factors outside our control.
8. Third-party services and links
The Website and our work may rely on or link to third-party services, such as WordPress, WooCommerce, Shopify, hosting companies, and social media platforms. We do not control those services and are not responsible for their availability, changes, or policies.
9. Disclaimers
The Website and its content are provided "as is" and "as available." Articles and guides are general information, not professional, legal, financial, or tax advice. Illustrations and example projects labeled as concepts are not client results. To the fullest extent allowed by law, we disclaim all warranties not expressly stated in these Terms. See our Disclaimer for more detail.
10. Limitation of liability
To the fullest extent allowed by law, Firstrive is not liable for any indirect, incidental, special, or consequential losses, including lost profits, revenue, data, or business opportunities, arising from your use of the Website or our free audits or quotes. Our total liability for any claim relating to the Website is limited to PHP 10,000. Liability for paid work is set in the Project Agreement and, unless it says otherwise, is limited to PHP 10,000. Nothing in these Terms limits liability that cannot be limited under applicable law.
11. Indemnity
You agree to cover losses and reasonable legal costs we incur because of content or materials you provide that you do not have the right to use, or because you break these Terms or the law.
12. Privacy
Our Privacy Policy explains how we handle personal information, and our Cookie Policy explains how we use cookies.
13. Governing law and disputes
These Terms are governed by the laws of the Republic of the Philippines. If a disagreement comes up, please contact us first and we will try to resolve it in good faith. If we cannot, the dispute will be brought before the proper courts of Quezon City, Philippines, to the exclusion of other courts.
14. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date shows when they last changed. Changes apply from the date they are posted and do not change a Project Agreement already signed.
15. General
If any part of these Terms is found unenforceable, the rest stays in effect. If we delay or do not enforce a right, we have not waived it. You may not transfer your rights under these Terms without our written consent.
16. Contact us
Firstrive Digital Marketing Services
Quezon City, Metro Manila, Philippines
DTI Business Name Registration No. 6993648
Email: [email protected]
Phone: +63 927 730 4104