Terms and conditions

01Identification and acceptance

The services described on the website are provided under the trade name Fimblor by Mundo Tesis, with RUC (Ecuadorian taxpayer ID) 1759316480001 and domiciled in Quito, Ecuador (hereinafter, “Fimblor”, “we”, “us”).

By approving a quote, making a payment or requesting the start of any service, the contracting individual or legal entity (hereinafter, “the Client”) declares that they have read and accepted these terms and conditions. If there is a signed quote or contract with specific conditions, those conditions prevail over what is set forth in this document to the extent they differ.

02Definitions

• Post: a static post, carousel or reel published to the feed of a social network.
• Story: ephemeral 24-hour content on Instagram, Facebook or TikTok.
• Piece: any individual design, photography, video or text deliverable.
• Round of changes: a single consolidated submission of feedback on a piece already delivered.
• Change of concept: a modification that alters the already-approved idea, structure, style or core message; it is not considered a round of changes.
• Ad spend: money paid directly to a platform (Meta, TikTok, Google, LinkedIn or another) to run ads.
• Management: Fimblor's fees for planning, setting up, managing, optimizing and reporting on campaigns.
• Business days: Monday through Friday, excluding national holidays in Ecuador.

03Prices, taxes and invoicing

1. All prices are expressed in United States dollars (USD).
2. Fimblor is registered under the Régimen Simplificado para Emprendedores y Negocios Populares (RIMPE, Ecuador's simplified tax regime for entrepreneurs and small businesses), Negocio Popular category. Accordingly, published prices are final amounts and no IVA (Ecuadorian VAT) is added to them. If the tax regime changes, prices and conditions will be updated and communicated in advance.
3. Fimblor issues the sales receipt corresponding to its regime (nota de venta or RIMPE electronic invoice) for each payment, in accordance with Ecuadorian tax regulations. The Client must provide complete and correct billing information at the time of hiring.
4. Published prices may be updated at any time. For clients with active monthly plans, any price change will be communicated at least 30 days in advance.
5. Services not detailed on the website or in the approved quote are quoted separately.
6. Prices by country. The site displays different prices depending on the country from which it is visited: Ecuador, Puerto Rico, the United States and Spain; all other countries see the Puerto Rico price list. The applicable price is that of the country where the Client's business operates. Ecuador prices apply only to businesses operating in Ecuador. If a client pays a price that does not correspond to their country, Fimblor will charge the difference before starting the service or, if the Client does not agree, will refund the payment in accordance with clause 4. The USD prices and tables in these terms correspond to Ecuador, unless otherwise indicated.
7. Outside Ecuador, services are provided 100% remotely and do not include in-person photo or video shoots. Spain prices are shown in euros and charged in United States dollars at the exchange rate indicated at the time of payment.

04Payments and start of service

1. Payments are made online through PayPhone (credit or debit card), via the buttons on the website or via a payment link sent by Fimblor.
2. Payment by bank transfer is available only to companies that request it, for example in order to apply withholdings. In that case, the Client must send the proof of payment and, if applicable, the withholding receipt.
3. Online payments are processed through third-party providers. Fimblor does not store or have access to full card data. PayPhone fees are borne by Fimblor, and no surcharges are applied for paying by card. Any deferrals, installments or interest offered by the issuing bank are the responsibility of that bank.
4. Once payment is confirmed, Fimblor issues the electronic sales receipt using the billing information provided by the Client.
5. Every service begins once two conditions are met: (a) the corresponding payment has been received and (b) the Client has provided the access credentials, logo and materials needed. Delivery timelines begin to run from that moment.
6. One-time services (design, photography, video, brand identity, websites) are paid in advance, unless the quote establishes a different arrangement (for example, a 50% deposit and 50% upon delivery).
7. Monthly plans are paid one month in advance, within the first 5 days of each period.
8. If a payment is not received within 5 business days after its due date, Fimblor may pause the service until the account is brought current.
9. Payments made are non-refundable once the service has started, except in the event of breach by Fimblor or as provided by law. Only the following are considered a breach: Fimblor being unable to provide the paid service due to lack of available time, or failing to attend a scheduled photo or video shoot. In those cases, the service is rescheduled or the full amount is refunded, at the Client's choice, according to the refund method set out in this clause. The following are not considered a breach: the results obtained (for example, number of likes, followers, messages or sales), personal taste regarding a piece already approved, or a change of mind by the Client.
10. If the Client withdraws from a paid service, the refund depends on when it is requested: (a) within 48 hours after payment and before the service has started, 100% is refunded; (b) after 48 hours and before the service has started, 50% is refunded, because the payment reserved a slot in the schedule that could have been assigned to another client; (c) once the service has started, there is no refund. The service is considered started when Fimblor has begun working on it (for example, diagnosis, design, a confirmed shoot date, or campaign setup).
11. Refund method. Refunds are made in the following order of preference: (a) through the same payment method, when the payment provider allows it; (b) by bank transfer to an account designated by the Client; or (c) via PayPal, to an account in the Client's name. The timeframe is 15 business days from the date the Client provides the necessary information. Fimblor acts in good faith and seeks a way to return the amount. If none of these methods is possible for reasons beyond Fimblor's control (for example, because the Client's bank or country does not allow receiving transfers, or because the Client does not have an account with any of these methods), Fimblor is not responsible for being unable to issue the refund, and the amount remains as a credit balance in the Client's favor to be used for any service during the following 12 months. Any fees charged by banks or platforms for sending the refund are borne by the Client.
12. Quote requests. Requests submitted through the website do not generate any charge or commitment. Fimblor responds with a proposal, and the service is hired only when the Client accepts it and makes the payment. Fimblor reviews each payment before starting the service and, if the amount is less than that of the services hired, will charge the difference.
13. Before paying, the Client must review what each plan or service includes. Fimblor is not responsible if the Client hires a plan assuming it includes more than what is detailed. If the Client paid an amount greater than that of the service actually hired, the Client may choose to: (a) keep the difference as a credit balance toward their next payment, (b) use it toward another service, or (c) request a refund, which is made according to the refund method in this clause.

4.1Extraordinary services

Services provided outside regular hours or with shortened delivery times carry a surcharge on the normal price of the service:

1. Surcharges are calculated on the price of the affected service and may be combined (for example, a rush service on a weekend).
2. Rush services must first be requested to confirm whether they can be performed. If Fimblor confirms availability, the Client pays the surcharge and the order is then carried out. If Fimblor fails to meet the confirmed rush deadline for reasons attributable to Fimblor, the surcharge is refunded; the normal price of the service is not refunded, because the work is still delivered.
3. If the delay is due to the Client not providing materials or approvals on time, the rush deadline no longer applies and the surcharge is not refunded.

05Monthly social media management plans

5.1 Plan contents

Each plan includes exactly what is detailed on the website or in the quote: number of posts and stories, social networks, length of the photo and video shoot, type of report, and scope of comment and message handling. The designs included in the plans are standard designs; advanced designs carry an additional charge (clause 8).

5.1.1 Plans without a photo and video shoot

1. The Client may hire any plan without the monthly photo and video shoot, at the price shown in the table. In that case, the Client provides the photos and videos used to create the content.
2. When the Client undertakes to send their own photos and videos, Fimblor does not guarantee the success of the content, because its performance on social media depends largely on the quality, creativity, angles and professionalism of that material.
3. For clients located outside Ecuador, plans are hired without a shoot, and in-person photography and video services are not offered.
4. Switching between the with-shoot and without-shoot options takes effect from the next billing period.

5.2 Minimum commitment and renewal

1. Monthly plans have a minimum commitment of 3 consecutive months.
2. Once the minimum commitment has been met, the plan renews automatically each month until the Client requests its cancellation.

5.3 Cancellation

1. Once the minimum commitment has been met, the Client may cancel their plan by giving written notice (email or WhatsApp) at least 15 days before the start of the next period.
2. If the Client cancels before meeting the minimum commitment, they must pay the amount of the promotional discounts received (for example, the 20% off the first month or the 10% off the quarterly payment). Fimblor is not obligated to deliver content for unpaid months. Example: a client hires the Pro Plan with the first-month promotion and pays USD 472 instead of USD 590. If they cancel at the end of the second month, before completing 3 months, they must pay USD 118, which corresponds to the discount received.
3. Content already produced and paid for is delivered to the Client upon termination of the service.
4. If the Client cancels their plan, Fimblor may decide not to provide services to them again in the future (clause 13.1).

5.4 How it works

1. The content calendar may be monthly, biweekly or weekly, depending on the Client and the strategy. It is submitted for approval before the corresponding period, provided the Client has supplied the requested information.
2. Posts, stories and photo and video shoots included in a month do not roll over: anything not used during the month for reasons attributable to the Client is neither carried over to the following month nor refunded.
3. Comments and messages are answered from 9:00 a.m. to 5:00 p.m. (Ecuador time), on the days specified for each plan (Monday through Friday or Monday through Saturday). An immediate response is not guaranteed. Only frequently asked questions previously agreed upon with the Client are answered: we do not perform sales work, collections, order taking or complaint handling, or anything that depends on the operation of the store or business (prices, stock, availability or shipping). Those inquiries are referred to the Client.
4. The Meta campaign management included in the Pro Plan covers 1 active campaign per month; ad spend is not included.

06Promotions and discounts

1. Promotions cannot be combined with each other or with other offers, unless expressly stated.
2. Promotions are valid while they are published on the website and may end at any time. The promotion in effect at the time of payment is the one honored.
3. If the Client cancels before meeting the minimum commitment, the provisions of clause 5.3 apply.

07Photography and video

1. Shoots take place within the urban area of Quito. Outside that area, a travel fee is charged, quoted according to the destination, which may include transportation, meals and lodging where applicable.
2. The date and time of each shoot are scheduled at least 5 days in advance.
3. The Client may reschedule a shoot by giving at least 24 hours' notice, provided there is availability on the new date and time. The first rescheduling is free of charge; from the second onward, there is an additional fee, because that day and time slot were reserved for the Client and could have been assigned to another company. If the Client does not give 24 hours' notice, does not show up, or there is no availability and no mutual agreement is reached, the shoot is considered completed and there is no refund. If Fimblor must reschedule due to force majeure or reasons attributable to Fimblor, a new date is scheduled at no cost.
4. Shoot time begins at the scheduled time. Delays attributable to the Client are deducted from the contracted time. Overtime is charged at the current rate.
5. Fimblor acts as a technical provider that produces and publishes content according to the Client's instructions and approvals. The Client is solely responsible for obtaining and keeping location permits, the consent of all persons who appear in the photos or videos (including the Client's employees and customers), and the authorization of the legal guardians of minors, as well as for approving or rejecting the use of each piece. Before the shoot, the Client must indicate which persons or minors must not be photographed or recorded. Fimblor submits all content for the Client's approval before publishing it; the approval-by-non-response provision of clause 8 applies. Fimblor is not responsible for the use of images of persons who did not give their consent when the Client did not give prior notice or approved their publication. At the Client's request, Fimblor may provide an image-use authorization form for the Client to have signed.
6. Fimblor is not responsible for the appearance of the premises or location. If the space is dark, cluttered or visually unappealing, this will be reflected in the recorded material.
7. Photos include basic editing and retouching (light, color and framing), not professional or advanced retouching, which is quoted separately. The selected and edited photos are delivered in the quantity indicated; raw material is not delivered unless previously agreed.
8. Video recording does not include editing. Editing is quoted according to video editing rates.
9. Estimated delivery times: photos, up to 5 business days; edited videos, up to 7 business days, counted from the shoot. These times may be extended during periods of high workload or limited availability, which will be communicated to the Client.

08Design, Editing, and Revision Rounds

1. Each piece includes 2 rounds of revisions. The feedback for each round must be sent in full and in a single message.
2. Additional revisions and concept changes are quoted separately.
3. The designs included in the plans and design services are standard designs. Advanced designs (for example, illustration, complex compositions, animation, or advanced retouching) carry an additional fee that is quoted separately.
4. Editable files (Canva, Photoshop, Illustrator, Premiere, CapCut, or others) are not delivered, as they carry an additional cost, unless agreed upon in the quote. The only exception is logos: their editable files are delivered at no cost if the Client requests them.
5. Fimblor does not guarantee permanent storage of the designs, photos, videos, editable files, or other items produced. These may be deleted 30 days after delivery, so the Client must download and save them.
6. The Client has 48 business hours to approve or send feedback on each delivery. If no response is received within that period, the delivery is considered approved, in order to maintain the publishing schedule.
7. Once a piece has been approved and published, any subsequent correction is considered new work, unless it involves an error attributable to Fimblor.
8. Copy, prices, contact information, and other information provided by the Client are published exactly as approved. The Client must review them before approving.
9. Editable Canva templates are delivered for the Client's use in the Client's own account. Paid resources from Canva or other platforms may require the Client's subscription.

09Brand Identity

1. Each package includes the stated number of logo proposals. The Client chooses one proposal, to which the 2 rounds of revisions apply.
2. Files are delivered in the formats detailed in each package. The editable logo files (AI and SVG) are delivered at no cost if the Client requests them.
3. Final files are delivered once full payment has been completed.
4. Proposals not chosen remain the property of Fimblor.
5. Trademark registration is not included. Fimblor creates original designs but does not guarantee that the name or logo can be registered with the competent intellectual property authority (SENADI, Ecuador's National Intellectual Rights Service). We recommend conducting a phonetic and graphic search before using the brand commercially.
6. The New Brand Pack includes a logo and visual identity, a landing page, optimization of Instagram, Facebook, and TikTok, and 9 launch pieces. The conditions of clause 10 also apply to the landing page.

10Websites

1. The scope of each service is as detailed on the website: landing page (one page), business website (up to 5 sections), and online store (up to 30 products). Additional sections or products are quoted separately.
2. The domain and hosting are not included. They are contracted and paid for in the Client's name, and the Client is their holder. Fimblor assists with contracting and configuration.
3. Copy, photos, logos, prices, product descriptions, and business policies (shipping, exchanges, and returns) are provided by the Client, unless their production is contracted.
4. Fimblor develops websites using its own processes, tools, and providers, which are not necessarily WordPress, Python, or any other specific technology. If the Client needs a particular platform or technology, the Client must state so before the project begins. The delivered website is fully functional, and Fimblor is not liable if it was not built with the Client's preferred technology when that preference was not communicated at the outset.
5. The payment gateway is the Client's responsibility. Fimblor proposes solutions and payment gateway options, but the Client decides which one suits them and contracts it in the Client's name; its fees, approval requirements, and settlement times depend on the provider. If the Client is unable to access any of the options, Fimblor is not liable. The same applies to shipping services.
6. Basic SEO comprises the initial technical setup (titles, descriptions, structure, and indexing). It does not guarantee any particular ranking in search engines.
7. Upon completion of the project, Fimblor delivers the website and the corresponding access. Delivery does not include adding, removing, or updating products in online stores, nor training the Client or the Client's team to do so. If the Client wishes to have content updated, the Client must inquire, and it will be quoted separately.
8. Fimblor corrects, at no cost, technical errors attributable to its work that are reported within 30 days following delivery. Problems caused by changes made by third parties, by the hosting provider, or by updates to external platforms are not covered.
9. Monthly maintenance (USD 20) includes content changes, backups, and review. It does not include new sections, redesigns, or new features.

11Digital Advertising

1. Ad spend is not included in any plan or management fee. It is paid directly to the platform, preferably using the Client's payment method.
2. Management includes strategy, setup, audiences, monitoring, optimization, and reporting, and is charged according to the monthly ad spend:

3. LinkedIn Ads campaigns carry a USD 20 surcharge in each tier.
4. The initial setup (Business Manager, pixel, and WhatsApp button) costs USD 40 and is charged only once.
5. Image design and video editing for ads are not included and are priced differently from social media content, because they are produced with a clear commercial objective and a higher level of professionalism. They are charged according to the ad rates.
6. Ad accounts, pages, and profiles belong to the Client. Fimblor works with administrator or partner access, which the Client may revoke upon termination of the service.
7. Ads are subject to each platform's policies. Fimblor is not liable for ad rejections, restrictions, account suspensions, algorithm changes, charges made by the platform, or technical failures beyond its control. If any of these occur, we will assist with handling the matter with the platform.
8. The products or services advertised must comply with Ecuadorian law and the platforms' policies. Fimblor may decline campaigns that do not comply with them.

12Programmatic Advertising

1. Programmatic advertising is contracted through a customized proposal detailing objectives, formats, targeting, duration, investment, and measurement method.
2. The minimum investment, fees, and payment terms are set out in each proposal according to the scope of the campaign.
3. Impact measurements are estimates based on statistical methodologies and third-party data. Their availability depends on the campaign's investment, duration, and location, and is agreed upon in the proposal.
4. Data-based and geolocation targeting is carried out using aggregated and anonymized information from specialized providers, in accordance with applicable data protection regulations.
5. Fimblor does not guarantee sales, visits, or a number of customers as a result of programmatic campaigns. The estimates included in the proposal are for reference only.

13Client Obligations

1. Provide, in a timely manner, the access credentials, logo, materials, and information necessary for the service.
2. Warrant that the Client holds the rights to the materials it provides (logos, photos, videos, music, copy) and hold Fimblor harmless from any third-party claim arising from those materials.
3. Provide truthful information about its products, services, prices, and promotions. The Client is responsible for the offers, promotions, giveaways, and prices it communicates to its own customers, and for compliance with the regulations of its industry.
4. Review and approve deliveries within the established time frames.
5. Designate a contact person with decision-making authority.
6. Delays caused by the Client push back delivery times and do not give rise to discounts or refunds.

13.1Client Selection

1. Fimblor may decide not to work with a client or not to renew a service, for example due to a budget insufficient to achieve results, a complicated business model or one that does not fit our services, an unwillingness to apply an effective strategy, a lack of collaboration in producing suitable content, or poor communication or frequent delays in responding.
2. Fimblor may stop serving, and decline to contract again with, clients who have treated our team disrespectfully or behaved inappropriately toward it.
3. If the Client cancels a plan, Fimblor may decide not to serve the Client again in the future.
4. These decisions are based solely on business and work-related criteria, such as those set out in this clause. Fimblor does not refuse or stop serving any person or company on the basis of ethnic origin, nationality, place of origin, skin color, sex, sexual orientation, gender identity, religion, ideology, disability, age, or any other personal characteristic. Fimblor rejects all forms of racism, xenophobia, homophobia, and discrimination.

14Intellectual Property

1. Once full payment has been completed, the Client may freely use the final pieces delivered for its business purposes.
2. Fimblor retains ownership of its methodologies, processes, internal templates, proposals not chosen, and raw footage from the shoots, unless otherwise agreed in writing.
3. Third-party resources (fonts, images, music, or effects) are used under the corresponding licenses. Some licenses restrict their use to certain platforms; for example, music available within Instagram or TikTok cannot always be used in ads or other media.
4. Until payment is completed, Fimblor retains the rights to the work performed.

15Portfolio

Fimblor may display the work performed in its portfolio, on its website, and on its social media, unless the Client requests otherwise in writing. No confidential information, financial results, or performance data of the Client will be published without the Client's authorization.

16Confidentiality

Both parties undertake to keep confidential any non-public information they receive from the other party, such as strategies, prices, customer data, access credentials, and results. This obligation remains in effect after the service has ended.

Passwords and access credentials provided are used solely to render the service. We recommend that the Client change them or revoke access upon termination of the relationship.

Fimblor is not obligated to store or back up the Client's passwords. The Client is responsible for keeping them and for maintaining recovery access to its accounts (email and phone).

17Personal Data Protection

1. Fimblor processes the personal data it receives (name, email, phone number, billing information, and the information submitted in the quote form) solely to respond to requests, communicate with the Client, provide and invoice the services, and, if the Client authorizes it, send news and promotions.
2. The website's quote form is processed through an external form-submission provider, which transmits the information to Fimblor's email.
3. Processing is carried out in accordance with Ecuador's Ley Orgánica de Protección de Datos Personales (Organic Law on Personal Data Protection). We do not sell or share personal data with third parties, except with the providers necessary to render the service or when required by law.
4. The data subject may exercise their rights of access, rectification, updating, deletion, objection, and portability by writing to info@fimblor.com.
5. When Fimblor handles data of the Client's end customers (for example, messages received on social media), it does so on behalf of the Client, who is the party responsible for that processing.

18Results and Limitation of Liability

1. Fimblor does not guarantee or promise any number of followers, engagements, reach, customers, or sales. We may share estimated results, but they are for reference only and we are not responsible if they are not achieved, because they depend on factors beyond our control: the product, the price, the store or premises, the business's reputation, the niche, the actual need for the product, the competition, the location, and each platform's algorithms. We guarantee strategy, consistency, quality deliverables, and clear reports.
2. Fimblor is not responsible for outages, blocks, hacks, changes in functionality, or removal of content by the platforms, unless they result from a fault on Fimblor's part.
3. Only the following are considered a fault on Fimblor's part: (a) failing to deliver a paid service, or delivering it after the agreed deadline, for reasons attributable to Fimblor; (b) failing to attend a scheduled session; (c) publishing content that the Client expressly rejected, or publishing it without first submitting it for approval (approval by lack of response under clause 8 counts as approval); (d) making an error in information that the Client correctly provided in writing; and (e) exposing the Client's passwords or access credentials through proven mishandling by Fimblor, for example sharing them with unauthorized persons.
4. The following are not considered a fault on Fimblor's part: the results obtained; decisions or changes made by the platforms; errors in content already approved by the Client; problems caused by third parties with access to the Client's accounts; lost or forgotten passwords; or delays caused by the Client.
5. In no event shall Fimblor's liability exceed the amount paid by the Client for the affected service during the last month of service, without prejudice to the rights that the law grants to consumers.
6. Neither party is liable for non-performance caused by unforeseeable circumstances or force majeure.

19Business Hours and Communication Channels

1. Customer service is available Monday through Friday, 8:00 a.m. to 6:00 p.m. (Ecuador time), except on national holidays. Services outside these hours are charged as extraordinary services (clause 4.1).
2. Responses to comments and messages on the Client's social media are provided on the days specified in each plan, as detailed in clause 5.4.
3. The official channels are WhatsApp and the email address info@fimblor.com. Requests, approvals, and cancellations must be made through these channels so that they are recorded.
4. Requests received outside business hours are answered on the next business day.

20Changes to These Terms

Fimblor may modify these terms and conditions. The version in effect is the one published on the website, together with its update date. Changes do not affect services already paid for and, for active monthly plans, will be communicated at least 30 days in advance.

21Governing Law and Dispute Resolution

These terms are governed by the laws of the Republic of Ecuador. The parties will endeavor to resolve any disagreement directly and amicably. If they do not reach an agreement, they may turn to a mediation center in the city of Quito and, if no agreement is reached, to the competent judges of that city.

Nothing in this document limits the rights that the Ley Orgánica de Defensa del Consumidor (Organic Consumer Protection Law) grants to those who contract as end consumers.

22Contact

For inquiries about these terms and conditions:

• Email: info@fimblor.com
• WhatsApp Ecuador: +593 99 920 6378
• WhatsApp International: +1 (786) 957-8277
• Location: Quito, Ecuador