Terms & Conditions
Last updated: August 2026
1. Service
Patrick Lebenbauer provides fractional CMO services through ftdboost Limited (Malta). We provide fractional marketing leadership and hands-on execution for early-stage startups, under a monthly retainer (Starter, Builder, or Growth) or on a project/hourly consulting basis, as agreed on the strategy call and confirmed in writing.
2. Engagement Confirmation
An engagement is confirmed upon signing of the service agreement or written confirmation of scope. Prices are as listed on the website at the time of booking and are stated in EUR, exclusive of applicable taxes unless stated otherwise.
3. Client Responsibilities
The client is responsible for providing accurate and timely access to the information, accounts, tools, and personnel needed to carry out the agreed marketing work. Delays or gaps in access, information, or internal approvals may affect timelines, for which ftdboost Limited bears no responsibility.
4. Term & Engagement
Monthly retainer mandates run for an initial term of 6 months from the engagement start date, after which they continue month-to-month until cancelled per Section 12. Project-based and hourly consulting engagements are scoped individually on the call.
5. Scope Changes
Scope is agreed at the start of the engagement. Material changes (additional channels, hours, or deliverables not originally agreed) may result in an adjusted fee, agreed in writing before work begins.
6. Payment Terms
Retainer fees are billed monthly in advance. Project-based and hourly work is billed as agreed on the call. Invoices are due within 7 days of the invoice date.
7. Ownership & Work Product
Strategy documents, creative assets, and other work product created by ftdboost Limited transfer to the client upon full payment of the relevant invoice. Until then, they remain the property of ftdboost Limited. Ad accounts and platforms set up during the engagement remain the client's property throughout. ftdboost Limited may reference completed engagements in its portfolio, using anonymized or aggregated results unless the client agrees otherwise in writing.
8. Payment Default & Suspension of Services
If an invoice remains unpaid beyond its due date, ftdboost Limited will issue up to three written payment reminders. Should payment not follow the third reminder, ftdboost Limited may suspend all work and withhold deliverables without further notice, until the balance is settled. If the balance remains unpaid for a further 30 days after suspension, ftdboost Limited may terminate the engagement immediately, without prejudice to any fees already due and payable. ftdboost Limited accepts no liability for losses arising from such suspension or termination.
9. Limitation of Liability
ftdboost Limited is not liable for any indirect, incidental, or consequential loss arising from the service. Total liability shall not exceed the fees paid by the client for the relevant engagement.
10. Force Majeure
ftdboost Limited is not liable for delays caused by circumstances beyond its reasonable control, including outages, disruptions, natural disasters, illness, or similar events. The client will be notified as soon as reasonably possible and a revised schedule agreed.
11. Client Content Liability
The client is solely responsible for all content, brand assets, and materials it provides, and warrants it owns or holds the rights to use them. ftdboost Limited accepts no liability for claims arising from client-supplied content that infringes a third party's rights.
12. Cancellation & Early Termination
Monthly retainers may be cancelled with 30 days' written notice at any time after the initial 6-month term. If cancelled during the initial term, the client remains liable for the fees for the remaining months, or a negotiated early termination fee. Any cancellation must be submitted in writing to hello@patricklebenbauer.com.
13. Late Payment Interest
In accordance with EU Directive 2011/7/EU on combating late payment in commercial transactions, ftdboost Limited may charge statutory interest on overdue invoices, accruing automatically from the day after the due date under Maltese law, without the need for a prior reminder.
14. Dispute Resolution
In the event of a dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the matter amicably through written communication. If the dispute is not resolved within 14 days of written notice, either party may refer the matter to the courts of Malta in accordance with the Governing Law clause. This clause does not limit or delay ftdboost Limited's rights under Section 8 in respect of an unpaid invoice that is not genuinely disputed in writing before its due date.
15. Confidentiality
Each party agrees to keep confidential any sensitive business information shared by the other party in connection with the service, and not to disclose such information to any third party without prior written consent. This obligation survives termination of the agreement.
16. Warranty Disclaimer
Marketing results depend on factors outside ftdboost Limited's control, including market conditions, platform changes, client-side execution, and budget. ftdboost Limited does not guarantee specific revenue, growth, or ranking outcomes, and performs work to a professional standard consistent with the agreed scope.
17. Data Processing
In the course of providing its services, ftdboost Limited may process personal and business data on the client's behalf solely for the purpose of delivering the agreed marketing services. ftdboost Limited acts as a data processor in respect of any personal data contained within client-supplied content or platforms, and the client, as data controller, warrants that it has the right to share such data. Both parties agree to comply with applicable data protection legislation, including the General Data Protection Regulation (GDPR).
18. Governing Law
These Terms are governed by the laws of Malta. Any disputes shall be subject to the exclusive jurisdiction of the courts of Malta.
19. Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
20. Entire Agreement
These Terms, together with the signed service agreement or written scope confirmation, constitute the entire agreement between the parties regarding the engagement and supersede any prior discussions or proposals. Any amendment must be made in writing and signed by both parties.
21. Contact
For any questions regarding these Terms: hello@patricklebenbauer.com