Terms of Service

Agreement to Terms

By accessing our website or engaging our services, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access our services.

Services Description

FGPerf provides Google Ads campaign management and digital marketing services for local businesses. Our services include:

• Google Ads campaign strategy, setup, and ongoing management
• Landing page optimization and recommendations
• Conversion tracking and analytics setup
• Monthly performance reporting and consultation
• Additional services as mutually agreed upon in writing

Specific service details, deliverables, and timelines will be outlined in individual service agreements or proposals.

Client Selection

We are selective about the clients we work with. Submitting an application does not guarantee acceptance. We reserve the right to decline any engagement at our sole discretion, particularly if we determine we cannot deliver meaningful results for your business.

Payment Terms

Management Fees

Our management fees and payment structure will be specified in your individual service agreement. Generally:

• Management fees are separate from Google Ads spend
• Payment is typically due monthly in advance
• Google Ads spend is billed directly by Google to your business
• Setup fees (if applicable) are due before campaign launch

Ad Spend Requirements

We typically work with businesses investing a minimum of $2,000-$10,000+ per month in Google Ads. This ensures sufficient data for meaningful optimization. Your specific minimum spend will be outlined in your service agreement.

Client Responsibilities

As a client, you agree to:

• Provide timely access to necessary accounts (Google Ads, Analytics, website)
• Maintain a valid payment method with Google Ads
• Respond to requests for information or approvals in a reasonable timeframe
• Provide accurate information about your business, services, and target audience
• Comply with Google Ads policies and applicable laws
• Handle customer inquiries and fulfillment of services advertised

Contract Term and Cancellation

Service Term

Our service agreements typically operate on a month-to-month basis or as specified in your individual agreement. We believe in earning your business every month through results, not locking you into long-term contracts.

Cancellation Policy

Either party may terminate services with written notice as specified in your service agreement (typically 30 days). Upon termination:

• You will receive a final performance report
• We will transfer full account access and ownership to you
• Any prepaid fees for future months will be refunded
• Fees for current or past months are non-refundable
• Outstanding invoices remain due and payable

Performance and Results Disclaimer

While we work diligently to achieve the best possible results for our clients, we cannot guarantee specific outcomes, ROI, or performance metrics. Marketing results are influenced by many factors outside our control, including:

• Market conditions and competition
• Product/service quality and pricing
• Website conversion rates and user experience
• Sales team performance and close rates
• Seasonal demand fluctuations
• Google algorithm changes and platform policies

Past performance of other clients does not guarantee future results for your business. Case studies represent specific client situations and timeframes.

Intellectual Property

Upon full payment of invoices:

• You own all Google Ads campaigns, ad copy, and assets created for your account
• You retain ownership of your brand, trademarks, and business materials
• We retain ownership of our proprietary processes, templates, and methodologies
• We may use anonymized performance data and generalized case studies for marketing (with no identifying business information)

Limitation of Liability

To the maximum extent permitted by law, FGPerf shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use of or inability to use our services
• Any unauthorized access to or use of our servers
• Any interruption or cessation of services
• Any bugs, viruses, or other harmful code
• Any errors or omissions in content
• Changes to Google Ads platform or policies

Our total liability to you for any claims arising from our services is limited to the amount you paid us in the preceding 3 months.

Indemnification

You agree to indemnify and hold FGPerf harmless from any claims, damages, or expenses arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your business practices, products, or services
• Content or information you provide to us

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify active clients of material changes via email. Your continued use of our services after changes constitutes acceptance of the new Terms.

Governing Law

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

Contact Information

If you have questions about these Terms of Service, please contact us: