Foundational Marketing Hub — Terms of Service
Last Updated: [February, 2025]
These Terms of Service (“Terms”) govern your access to and use of the websites, digital marketing services, and other products and offerings (collectively, the “Services”) provided by Foundational Marketing Hub (“FMH,” “we,” or “us”). By engaging our Services, you agree to these Terms. Please read them carefully.
1. Acceptance of Terms
1.1 Binding Agreement
By signing a proposal, contract, or paying an initial invoice from Foundational Marketing Hub—or otherwise accessing or using our Services—you confirm that you have read, understood, and agree to be bound by these Terms.
1.2 Modifications
We may revise these Terms at any time by updating this page. We will provide notice of material changes (e.g., email or website notice). Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.
2. Company Overview & Services
2.1 Foundational Marketing Hub Focus
FMH provides specialized digital marketing, lead generation, and consulting services tailored primarily to foundation repair and waterproofing contractors. Our offerings may include but are not limited to:
- Website design & management
- SEO (Search Engine Optimization)
- Content creation (blogs, social posts, etc.)
- Marketing automation & CRM integration
- Reputation management (e.g., review generation)
- Optional social media marketing, commercial outreach, and email campaigns
2.2 Designs Dx Services
FMH also collaborates with or operates in parallel with “Designs Dx,” offering similar digital marketing services for a broader set of home-based service contractors (e.g., roofing, pool construction, water damage restoration). If you engage FMH for extended services (Local Leaders Plus, social media campaigns, or commercial outreach), some tasks may be fulfilled under the Designs Dx umbrella.
2.3 No Guarantees
While we aim to improve your online presence and lead flow, we cannot guarantee any specific ranking positions, lead volume, or revenue increases. All results vary depending on market conditions, competition, and your compliance with recommended strategies.
3. Client Obligations
3.1 Timely Communication
You agree to provide FMH with necessary materials (e.g., logos, brand guidelines, service details) and respond promptly to requests for approvals or feedback.
3.2 Accurate Information
All data, content, or credentials you supply must be correct and lawfully owned or licensed by you. You remain responsible for ensuring your marketing content is truthful and compliant with applicable regulations in your industry.
3.3 Payment Responsibilities
Clients must pay all invoices on time, following the agreed payment schedule. Delays in payment may result in paused or terminated Services.
4. Fees & Payment Terms
4.1 Service Fees
Fees for FMH’s Local Leaders, Local Leaders Plus, or any other custom marketing packages will be outlined in a separate proposal or invoice. Examples may include:
- Local Leaders: Monthly retainer for SEO and website management
- Local Leaders Plus: Monthly retainer plus social media, commercial outreach, and email marketing
4.2 Down Payments or Setup Fees
For web design or certain marketing setups, an initial down payment (e.g., $1,595 for a 20-page website) may be required. All setup or onboarding fees are non-refundable unless otherwise stated.
4.3 Late Payments & Suspension
If an invoice remains unpaid for more than [30] days after the due date, FMH may pause ongoing work, remove websites from hosting, or terminate the agreement. We reserve the right to charge late fees or interest as per local law.
5. Intellectual Property
5.1 Client Materials
You retain ownership of any text, images, or materials you provide to FMH. By giving us these materials, you grant us a non-exclusive, worldwide license to use them for creating marketing deliverables.
5.2 FMH-Created Content
FMH retains ownership of all deliverables, designs, or code until all invoices are paid in full. Upon payment, you receive a non-exclusive, royalty-free license to use such deliverables for your business. FMH may display general examples of work (e.g., anonymized screenshots, success metrics) in portfolios or marketing materials.
6. Confidentiality
6.1 Mutual Confidentiality
Both parties shall treat non-public information, including business strategies or proprietary marketing data, as confidential and not disclose it to any unauthorized third party.
6.2 Exceptions
Confidentiality obligations do not extend to information that is publicly known, independently developed without reference to the other’s information, or required to be disclosed by law.
7. Warranties & Disclaimers
7.1 Services Provided “As Is”
FMH provides its Services on a best-effort basis, without any express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee specific results from SEO, social media, or paid advertising campaigns.
7.2 Client Responsibilities
You acknowledge that success also depends on factors outside FMH’s control, including product/service quality, competition, and market conditions.
8. Limitations of Liability
8.1 Indirect Damages
In no event shall FMH be liable for any special, incidental, indirect, or consequential damages (including lost profits or revenue) arising out of or in connection with these Terms or the Services.
8.2 Maximum Liability
FMH’s total cumulative liability for any claims arising from or relating to these Terms shall not exceed the total amount paid by you for the Services in the [12] months preceding the claim.
8.3 Jurisdictional Note
Some jurisdictions do not allow the limitation of liability for certain types of damages. If so, some of the limitations above may not fully apply to you.
9. Term & Termination
9.1 Term
These Terms remain in effect for as long as you continue using FMH’s Services or until otherwise terminated per a signed contract’s duration.
9.2 Termination
Either party may terminate upon [30] days’ written notice. If you terminate early, any fees paid are non-refundable, and you remain responsible for unpaid work delivered up to termination date.
9.3 Effect of Termination
Upon termination, FMH may disable access to any marketing materials or websites that remain unpaid. Confidentiality obligations and disclaimers survive termination.
10. Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed under the laws of [Missouri], without regard to its conflict of law principles.
10.2 Arbitration
Any dispute shall first be attempted to be resolved amicably through discussion. If unresolved, disputes shall be settled by binding arbitration in [St. Louis, Missouri], under rules of [American Arbitration Association (AAA)]. Each party bears its own costs.
11. Changes to Services
11.1 Service Updates
FMH may modify the scope or features of the Services (e.g., adding new SEO tactics, changing social media strategies) to improve performance. We will inform clients of significant changes affecting deliverables.
12. Privacy Policy
12.1 Separate Policy
Your use of FMH’s websites and certain automated CRM services is also governed by our Privacy Policy, which describes how we handle personal data. By using our Services, you acknowledge that you have read and understood our Privacy Policy.
13. Entire Agreement
These Terms, along with any signed proposal or contract, represent the complete agreement between you and FMH, superseding all prior discussions or communications. Any conflict between these Terms and a signed contract is resolved in favor of the signed contract’s specific terms.
14. Contact Information
For questions about these Terms or to send notices, please contact us at:
Foundational Marketing Hub
[5850 Macklind Ave #1009, St. Louis, MO 63109 / Help@FoundationalMarketingHub / (314) 887-3772 ]
