Terms of Service | 405 Madison — Austin TX Marketing Agency

Acceptance of Terms

By accessing or using the website at 405madison.agency or firehousestudiosatx.com, or by engaging 405 Madison for services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these terms, do not use our websites or services. These Terms constitute a legally binding agreement between you and 405 Madison.

405 Madison is a trade name of Zepol Sales and Marketing, operating at 1991 Rawhide Drive, Round Rock, TX 78681.

Services

405 Madison provides digital marketing, advertising, creative production, and related services ("Agency Services"). Firehouse Studios ATX provides studio rental and production services ("Studio Services"). Together these are referred to as the "Services."

The specific scope, deliverables, timelines, and fees for Agency Services are governed by individual service agreements, statements of work, or proposals agreed to in writing between 405 Madison and the client. These Terms apply in addition to, and not in lieu of, any such agreements.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

Accounts & Bookings

When you create an account or make a booking through our platforms, you agree to:

Provide accurate, complete, and current information
Maintain the security of any account credentials
Notify us immediately of any unauthorized use of your account
Take responsibility for all activities under your account

Studio bookings: All studio time bookings are subject to the Firehouse Studios booking policies, including deposit requirements, cancellation terms, and rescheduling policies as published on firehousestudiosatx.com and incorporated herein by reference.

Payments & Refunds

Agency Services: Payment terms are specified in individual service agreements. Unless otherwise agreed in writing, invoices are due within 15 days of issuance. Late payments may incur interest at 1.5% per month. 405 Madison reserves the right to pause or terminate services for accounts more than 30 days past due.

Studio bookings:

A 50% deposit is required to confirm all studio bookings
Remaining balance is due on the day of the session
Full refund for cancellations made 72 or more hours before the booked time
50% refund for cancellations made between 24 and 72 hours before the booked time
No refund for cancellations made less than 24 hours before the booked time
One free reschedule permitted with 48 hours notice

We accept credit card, ACH transfer, and Zelle. Invoicing is available for companies on approved net terms.

Intellectual Property

405 Madison's intellectual property: All content on our websites — including text, graphics, logos, images, and software — is the property of 405 Madison or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.

Work product: Unless otherwise specified in a service agreement, ownership of creative work product produced by 405 Madison transfers to the client upon receipt of full payment for the project. 405 Madison retains the right to display the work in its portfolio and promotional materials unless the client requests otherwise in writing.

Client Content

By providing content, materials, assets, or intellectual property to 405 Madison for use in the provision of services, you represent and warrant that:

You own or have the right to use all such content
The content does not infringe any third-party intellectual property rights
The content does not violate any applicable law or regulation
You grant 405 Madison a limited license to use the content solely for providing the agreed services

You are solely responsible for any content you provide, and you agree to indemnify 405 Madison against any claims arising from such content.

Prohibited Uses

You agree not to use our websites or services to:

Violate any applicable law, regulation, or third-party rights
Transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable
Attempt to gain unauthorized access to our systems or any connected systems
Interfere with or disrupt the integrity or performance of our websites or services
Collect or harvest personal information about other users without consent
Use our studio facilities for illegal activities or to produce illegal content
Misrepresent your identity or affiliation when booking studio time or engaging services

Disclaimers

OUR WEBSITES AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

405 Madison does not warrant that our websites will be uninterrupted, error-free, or free of viruses. We do not warrant or guarantee specific results from our marketing or advertising services. Marketing outcomes depend on many factors outside our control, including market conditions, competition, and client cooperation.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 405 MADISON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claims arising from these Terms or our Services shall not exceed the greater of (a) the total fees paid to us in the 90 days preceding the claim, or (b) $500.

Some jurisdictions do not allow limitations on certain implied warranties or exclusions of certain damages. In such jurisdictions, the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless 405 Madison and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

Your use of our websites or services
Your violation of these Terms
Content or materials you provide to us
Your violation of any third-party rights

Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of our services shall first be addressed through good-faith negotiation. If not resolved within 30 days, disputes shall be submitted to binding arbitration in Williamson County, Texas, under the American Arbitration Association's Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

You waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration.

Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be indicated by an updated "Last updated" date. Your continued use of our websites or services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

Contact

Questions about these Terms should be directed to:

405 Madison
1991 Rawhide Drive
Round Rock, TX 78681
hello@405madison.agency