Last updated: October 7, 2026
These Terms of Service ("Terms") govern your access to and use of the website at www.positionxero.com (the "Site") operated by Position Xero ("Position Xero," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
1. Acceptance of Terms
By visiting the Site, submitting a form, or otherwise interacting with us through the Site, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy, which is incorporated by reference.
2. About Our Services
Position Xero is a web development and SEO agency offering services that include website design, SEO, AI SEO, lead generation, Google Ads and Meta Ads. The Site provides general information about these services and a way to request a free audit or consultation. The Site itself does not provide marketing services; those are delivered under a separate agreement (see Section 6).
3. Eligibility
You must be at least 18 years old and able to form a legally binding contract to use the Site or request our services. By using the Site, you represent that you meet these requirements.
4. Acceptable Use
You agree not to:
- Use the Site for any unlawful, fraudulent, or harmful purpose;
- Attempt to gain unauthorised access to the Site, its servers, or any related systems;
- Interfere with or disrupt the operation or security of the Site;
- Use automated tools (such as scrapers or bots) to access or collect data from the Site without our permission; or
- Submit false, misleading, or spam information through our forms.
5. Intellectual Property
All content on the Site, including text, graphics, logos, the "Position Xero" name and brand, page layouts, and design, is the property of Position Xero or its licensors and is protected by intellectual property laws. Photographs may be licensed from third-party providers and remain the property of their respective owners. You may not copy, reproduce, distribute, or create derivative works from any part of the Site without our prior written permission. You may view and print pages for your own personal, non-commercial reference.
6. Client Engagements Are Governed by a Separate Agreement
Requesting a free audit or contacting us does not create a client relationship or any obligation to provide services. Any engagement for marketing services will be governed by a separate written agreement, proposal, or statement of work between you and Position Xero. If there is a conflict between these Terms and that agreement regarding the services, the separate agreement will control for those services.
7. Client Asset Ownership
When you engage us for advertising, website, or marketing services, advertising accounts (such as Google Ads and Meta Ads accounts) are set up and registered in your name, and any website we build for you is deployed to hosting that you control. All data, reports, and creative assets produced for you as part of that engagement belong to you. If you terminate your engagement with us, you keep everything, and we will provide any credentials we hold to you within 7 days of your request. There is no cancellation fee.
8. No Guarantee of Results
Marketing outcomes depend on many factors outside our control, including your market, budget, offer, competition, and the policies and algorithms of third-party platforms such as Google and Meta. We do not guarantee any specific results, including particular rankings, traffic levels, lead volumes, conversion rates, sales, or return on investment. Any examples on the Site are illustrative and are not a promise or guarantee of the results you will achieve.
9. Third-Party Platforms and Links
Our services rely on third-party platforms (such as Google, Meta, and analytics and hosting providers), and the Site may link to third-party websites. We do not control and are not responsible for those platforms or websites, their availability, their terms, or their content. Your use of any third-party platform is subject to that platform's own terms and policies.
10. Free Audit and Consultations
Any free audit, consultation, or recommendation we provide is for general informational purposes and is offered without obligation on either side. It does not constitute professional, legal, or financial advice, and we are not liable for decisions you make based on it.
11. Disclaimer of Warranties
The Site and any information provided through it are offered on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
12. Limitation of Liability
To the fullest extent permitted by law, Position Xero and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of (or inability to use) the Site, even if we have been advised of the possibility of such damages. To the extent any liability cannot be excluded, our total liability arising from your use of the Site is limited to USD $100.
13. Indemnification
You agree to indemnify and hold harmless Position Xero and its owners, employees, and contractors from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of your use of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.
14. Privacy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect and handle your information.
15. Governing Law and Disputes
These Terms are governed by the laws of the Republic of South Africa, without regard to its conflict-of-law rules. You agree that any dispute arising out of or relating to these Terms or the Site will be resolved in the courts of the Republic of South Africa, and you consent to their jurisdiction.
16. Changes to These Terms
We may update these Terms from time to time. When we do, we'll revise the "Last updated" date at the top of this page. Your continued use of the Site after any changes means you accept the updated Terms.
17. Severability and Entire Agreement
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy and any separate service agreement, constitute the entire agreement between you and Position Xero regarding your use of the Site.
18. Contact Us
If you have questions about these Terms, contact us at:
Position Xero
Email: hello [at] positionxero.com
Phone: +27 66 241 2155