Legal

These Terms and Conditions constitute the agreement between you, as the Client or user, and the Orbis group entity that provides the service. By browsing the site, completing a form, or contracting a service, you declare that you have read and accepted these terms, which set out the rights and obligations of both parties. The responsible entity is determined by your country of residence or location, as detailed below.

Orbis responsible entities

This website and the associated digital marketing services are provided, depending on the user's country of residence or location, by one of the following Orbis group entities (hereinafter, jointly or interchangeably, "Orbis", "we", or "the Provider"):

• Users in Mexico — Orbis Agencia de Marketing Digital, S.A.S. de C.V. Address: Calzada Villa Plata 430, interior 5, Jesús María, Aguascalientes, Mexico, C.P. 20908. RFC: OAM2201187A3. Contact: hola@orbis.agency.
• Users outside Mexico — Orbis Agency LLC. Incorporated in the State of Delaware, USA. Address: 651 N Broad St, Suite 201, Middletown, DE 19709, New Castle County, USA. Contact: hola@orbis.agency.

The responsible entity is determined by the user's country of residence or location at the time their data is collected or at the time of contracting. The site determines the responsible entity according to the user's country (geolocation and/or user declaration) and displays the contact details of the corresponding entity. Data communications between the two group entities constitute an international transfer, described in the Privacy Notice.

Summary table — Responsible entity by country

User country / region	Responsible entity	Main legal framework	Consent model
Mexico	Orbis Agencia de Marketing Digital, S.A.S. de C.V.	LFPDPPP 2025 · LFPC/PROFECO · Commercial Code	Implied (ordinary data) + privacy notice; opt-in cookie banner as best practice
Spain, Portugal, France, Germany, Italy, Ireland and the rest of the EU/EEA	Orbis Agency LLC	GDPR (EU) 2016/679 + national laws · ePrivacy	Opt-in (prior consent)
United Kingdom	Orbis Agency LLC	UK GDPR + DPA 2018 + DUAA 2025 · PECR	Opt-in (with low-risk DUAA exemptions)
United States (California and other states)	Orbis Agency LLC	CCPA/CPRA · VCDPA, CPA, CTDPA, TDPSA, etc.	Opt-out + recognition of Global Privacy Control (GPC)
Canada (incl. Quebec)	Orbis Agency LLC	PIPEDA · Quebec Law 25	Meaningful consent (opt-in for marketing/cookies under Law 25)
Brazil	Orbis Agency LLC	LGPD (Lei 13.709/2018) · ANPD	Opt-in (non-essential cookies)
Australia / New Zealand	Orbis Agency LLC	Privacy Act 1988 (2024 reform) / Privacy Act 2020	Informed and unambiguous opt-in
South Africa	Orbis Agency LLC	POPIA	Opt-in (banner before deploying cookies)
Switzerland	Orbis Agency LLC	nFADP (revFADP)	Opt-in for analytics/advertising/profiling
Turkey	Orbis Agency LLC	KVKK (Law 6698, 2024-2025 reforms)	Opt-in
Japan	Orbis Agency LLC	APPI	1st-party without consent; identifiable 3rd-party with consent
UAE / Dubai	Orbis Agency LLC	Federal PDPL 45/2021 · DIFC DP Law (if applicable)	Opt-in
Andorra	Orbis Agency LLC	Llei 29/2021 (EU adequacy)	Opt-in
Monaco	Orbis Agency LLC	Loi n.º 1.565 (2019)	Opt-in
Ecuador	Orbis Agency LLC	Ley Orgánica de Protección de Datos Personales (LOPDP)	Opt-in (aligned with GDPR)

Information provided in accordance with article 76 bis of the Federal Consumer Protection Law (Mexico), Directive 2000/31/EC on Electronic Commerce (EU), and equivalent regulations: identity of the provider, physical address, and means of contact.

1. Purpose

These Terms and Conditions ("Terms") govern access to and use of the Orbis website and, where applicable, the contracting of digital marketing services (including, among others: digital strategy, SEO, SEM/paid advertising, social media, content, web development, analytics, and consulting). By browsing the site, completing a form, or contracting a service, the user accepts these Terms.

2. Acceptance and electronic consent

Acceptance of these Terms and, where applicable, of the Privacy Notice, is carried out through an unambiguous act by the user (clicking an acceptance button, ticking a box, or submitting a form). In accordance with Title II "On Electronic Commerce" of the Mexican Commercial Code (articles 89 et seq.), the expression of consent by electronic means is fully valid.

To evidence consent (proof under the Commercial Code and NOM-151-SCFI-2016), Orbis may record the date, time, IP address, and version of the document accepted by the user. The user acknowledges and accepts such record.

3. Services, pricing, and scope

• The specific scope of each service, its deliverables, timelines, and conditions are defined in the corresponding proposal, quote, or services contract, which prevails over the general information on the site.
• Prices are expressed in the stated currency and include or itemize VAT or other applicable taxes where relevant (Mexico). For international users, the applicable taxes will be indicated according to jurisdiction.
• Promotions, discounts, and validity periods will be clearly disclosed, together with their conditions and validity dates.
• Information on the site and in proposals is truthful, verifiable, clear, and provided in Spanish (and, where applicable, in the user's language), in accordance with the LFPC.

4. No guaranteed results

Orbis provides professional marketing services based on industry best practices, but does not guarantee specific results (exact search engine positions, specific sales volumes, traffic, leads, or revenue), as these depend on external factors beyond its control (third-party algorithms, market, competition, client budget, etc.).

Orbis refrains from misleading or abusive advertising or information in accordance with article 32 of the LFPC (Mexico), Directive 2005/29/EC on unfair commercial practices (EU), Section 5 of the FTC Act, and the FTC Endorsement Guides (USA). No false testimonials or non-existent reviews are used; sponsored content is identified as such.

5. User obligations

• Provide truthful information and keep it up to date.
• Not use the site for unlawful, fraudulent, or third-party rights-infringing purposes.
• Not attempt to access systems without authorization, nor introduce malicious code.
• Respect the intellectual property rights of Orbis and of third parties.

6. Intellectual property

Unless otherwise indicated, the site's content (the "Orbis" brand, logos, texts, graphics, software, design, and materials) is the property of Orbis or its licensors and is protected by applicable legislation. Its reproduction, distribution, or transformation without authorization is prohibited. Ownership of contracted deliverables shall be governed by the corresponding services contract.

7. Commercial communications (email/marketing)

• Mexico: the user may register with the REPEP (Public Registry to Avoid Advertising) of PROFECO. Orbis respects such exclusions.
• EU/EEA/United Kingdom/Switzerland: sending commercial communications by electronic means requires prior consent (opt-in), except for the "soft opt-in" to existing customers, always with an unsubscribe option.
• USA (CAN-SPAM): identifiable sender, non-misleading subject line, physical address, and unsubscribe mechanism in each message.
• Canada (CASL) and Australia (Spam Act 2003): consent (express or implied), sender identification, and unsubscribe option.

8. Limitation of liability

To the fullest extent permitted by applicable law, Orbis shall not be liable for indirect, incidental, or consequential damages arising from the use of the site or the inability to use it. Nothing in these Terms limits liabilities that cannot be legally excluded (for example, mandatory consumer rights under the LFPC, EU/UK consumer legislation, or equivalents). These Terms do not contain unfair clauses and respect consumer rights.

9. Privacy and cookies

The processing of personal data is governed by the Privacy Notice and the Cookies Policy, which form an integral part of these Terms.

10. Modifications

Orbis may modify these Terms. The version in force will be published on the site with its update date. Continued use after publication implies acceptance of the changes.

11. Governing law and jurisdiction

User	Entity	Governing law	Forum / Jurisdiction
Mexico	Orbis Agencia de Marketing Digital, S.A.S. de C.V.	Laws of the United Mexican States	Competent courts of the city of Aguascalientes, Aguascalientes, without prejudice to consumer rights before PROFECO
Outside Mexico	Orbis Agency LLC	Laws of the State of Delaware, USA, without prejudice to the mandatory consumer and data protection rules of the user's country of residence	Courts of the State of Delaware, USA; the consumer retains the right to bring proceedings before the courts of their domicile where the law so provides

12. Services agreement and quote

The following commercial conditions constitute the agreement between the Client and the Orbis entity providing the service (the S.A.S. de C.V. in Mexico or the LLC outside Mexico). By contracting, the Client declares that they have read and accepted these terms, which set out the rights and obligations of both parties and replace any prior contract, unless a signed contract exists between the parties, which shall prevail. Orbis prepares a work proposal that defines the project scope according to the Client's budget and development time. Prices are subject to change without notice; a quote may be honored if it is less than 30 days old.

13. Deposits, payments, and late payment

• Deposit: before starting any project, 50% of the total cost is required. For certain services (corporate identity and some web design plans), 100% may be required in advance.
• Non-refundable: deposits, whether partial or full, are non-refundable, as they are applied to project execution and the man-hours invested.
• Recurring services: any recurring or subscription service (monthly management, ad spend, maintenance, hosting, etc.) does not generate refunds, whether full or partial, for periods already started or paid.
• Monthly services: are paid in advance. The first payment is made upon contracting; subsequent payments on the 1st or 15th of each month. Delay generates a late-payment charge of 5% per week until settled; Orbis may suspend the service without suspending billing, and accrued monthly fees generate interest.
• Collection: if, due to non-payment, a collection or attachment proceeding is required, the Client shall cover the legal procedures, damages, and/or losses generated.
• Final payment: upon completion of the project, the remaining 50% is requested, payable within a maximum of 5 business days; delay generates a penalty of 30% per month on the final payment. Orbis does not deliver the project until the full amount is paid.

14. Delivery times

The delivery time varies according to the service or project and is determined in the contract signed with each Client. Any delay or extension relative to what was agreed is notified to the Client by telephone or electronically, stating the reason and the new estimated date.

15. Client material

The Client undertakes to supply all necessary material (texts, photographs, logo, slogan, graphic elements) of adequate quality. The project enters production once the material is complete, reviewed, and structured, and from that moment the business days for delivery begin to count. The material must be delivered, organized, no later than 7 calendar days after the deposit; otherwise, Orbis is released from liability and the project may even be discontinued. Any item not quoted (pages, graphics, animations, forms) generates an additional charge subject to prior approval.

16. Development, approvals, and additional charges

• Orbis presents a preliminary sketch/design for approval or modification. Once the design is approved, any subsequent change to what has already been approved generates an additional charge, notified to the Client.
• The Client has a maximum period of 24 hours to approve or request modifications to each work presented, within the maximum number of changes for the service. Additional requests are considered extra work at a cost, quoted and agreed before being carried out.
• Any additional charge is ALWAYS notified to the Client before being carried out; the Client approves or rejects it. Charges are calculated by work hours (according to difficulty) or by item according to the price list.
• If the Client does not respond within 24 hours, Orbis may cancel, suspend, or deem approved any stage, work, or service, without refund for the time not used.

17. Project cancellation and refunds

• Any cancellation by the Client is exempt from refund. If the project has already started or the preliminary sketch is finished or in production, the deposit is retained to cover the man-hours used.
• To cancel a completed project or one in the process of delivery, the remaining 50% of the final settlement must be paid.
• Orbis may cancel or discontinue the project if the Client breaches their obligations; if, after 15 days from the initial payment, complete information has not been received, a penalty of 25% of the service value may be applied. In the event of cancellation, Orbis owns any work carried out up to that date.
• After training, the Client has 7 business days for minor modifications (adjustments to texts, images, and/or colors), which do not include structural changes.
• Recurring services: any recurring or subscription service does not generate refunds, whether full or partial, for periods already started or paid.

18. Portfolio, credit, and renewal

The Client agrees that Orbis may include their company, brand, logo, and contracted project as portfolio and reference before the public. On websites, Orbis may place a text or link to Orbis in the footer at no cost. After one year, the Client must carry out the annual renewal of web hosting and domain name rights, according to the rate of the corresponding plan.

19. Promotions

Current promotions are listed in their section and may be modified or replaced; if a promotion is no longer published, Orbis is not obligated to apply it. Some promotions are exclusive to existing clients and do not apply to new clients. Any promotion shared on social media will include its policies in the post or a link to them.

20. Prohibited activities

It is prohibited to use the network, services, or infrastructure of Orbis to:

• Spamming — mass sending of unsolicited messages, commercial or otherwise.
• Obscene expressions or materials — including child pornography (sanctioned by law).
• Defamatory, harassing, abusive, or threatening language.
• Phishing — cloning pages or impersonating senders to extract information from third parties.
• Illegal or unauthorized access to computers, accounts, or networks (hacking), including port scanning or other precursor activities.
• Distribution of viruses, worms, trojans or other destructive activities (pinging, flooding, denial of service).
• Export control violations of encoding software outside the USA.
• Usenet groups with content that violates these prohibitions.
• Other illegal activities — Ponzi or pyramid schemes, fraudulent charges, piracy.
• Identity impersonation of persons, entities, companies, or government.
• Fraudulent activities — receiving payments without delivering products or services.
• Others that Orbis determines to be harmful to its subscribers, operations, or reputation.

21. Liability disclaimers

• General: Orbis is not responsible for its clients or their activities, as they are independent entities. Orbis cooperates with the authorities and, in the event of a prohibited or unlawful activity on a client's site, may discontinue the service, providing the corresponding investigation file number.
• Advertising spend (any medium or platform): Orbis is not responsible for the advertising investment made on any medium or platform (Google Ads, Meta/Facebook and Instagram, TikTok, LinkedIn, Pinterest, X/Twitter, Microsoft Advertising/Bing, Spotify, and any other), as they depend on constantly changing third-party systems and their own policies. If campaigns do not meet expectations, the investment and the services delivered — partially or fully — are non-refundable.
• Account/campaign blocks, suspensions, or removals: in the event of rejection, suspension, or removal of campaigns or accounts for breach of any advertising platform's policies, the Client assumes all responsibility; Orbis is released from liability, and the Client covers any litigation or damage arising. This applies with particular force to industries with special platform restrictions (for example, Addiction Clinics and other regulated sectors), whose advertising the Client contracts at their own risk.

These commercial conditions are based on the current Orbis services agreement (Mexico) and are incorporated here as an integral part of the Terms; the contract or proposal signed with each Client prevails over what is provided herein.

22. Modifications to this agreement

These terms and conditions are subject to change without notice by Orbis. Any case not addressed in this agreement will be subject to review and discussion by the Orbis team to determine the best possible solution, one that is equitable and benefits both the Client and our team.