Terms and Conditions

Effective Date: [Insert Date]
Last Updated: [Insert Date]

These Terms and Conditions (“Terms”) are a binding agreement between HomeServ Agency and [Legal Company Name] (“HomeServ Agency,” “we,” “us,” or “our”) and the person or business using, purchasing, accessing, or interacting with our services (“Client,” “you,” or “your”).

By using our website, submitting a form, booking a call, purchasing services, checking an agreement box, signing an agreement, or using any of our services, you agree to these Terms and our Privacy Policy.

HomeServ Agency provides website design, website development, AI automation, CRM setup, lead follow-up systems, Facebook advertising, Google advertising, and related marketing services for home service businesses.

Important: These Terms include payment obligations, no-refund language, no-guarantee language, SMS/text messaging terms, third-party platform disclaimers, limitations of liability, and dispute resolution provisions. Please read them carefully.

1. Services

HomeServ Agency may provide services including, but not limited to:

• Website design and development

• Website hosting or funnel hosting

• Landing page creation

• CRM setup

• Lead capture forms

• AI chat automation

• AI voice automation

• SMS and email automation

• Missed-call text-back systems

• Facebook Ads setup and/or management

• Google Ads setup and/or management

• Google Local Services Ads support

• Retargeting campaigns

• Review request automation

• Reporting dashboards

• Business phone number setup

• Calendar and appointment automation

• Lead follow-up workflows

• Marketing consulting and strategy

The exact services provided to you depend on the package, subscription, proposal, invoice, checkout page, written agreement, or order form you selected.

2. Eligibility

To use our services, you must:

• Be at least 18 years old

• Have authority to enter into this agreement

• Be using the services for a lawful business purpose

• Provide accurate and complete information

• Not use our services to compete with HomeServ Agency

If you are using the services on behalf of a business, you represent that you have authority to bind that business to these Terms.

3. Account and Access

Some services may require access to platforms such as your website, domain registrar, CRM, Google account, Meta/Facebook Business Manager, ad accounts, payment systems, calendar, email, phone systems, or other third-party tools.

You agree to provide accurate login access, admin permissions, business information, media, branding assets, and any other materials reasonably needed to perform the services.

You are responsible for maintaining the security of your own accounts, passwords, payment methods, and user permissions.

We are not responsible for delays, errors, or inability to complete work caused by your failure to provide access, approvals, information, or required materials.

4. Subscription Plans and Pricing

HomeServ Agency may offer monthly subscriptions, one-time setup services, advertising management services, custom projects, or other service packages.

Unless otherwise stated in writing, our standard offer may include:

• Website build

• Lead capture system

• CRM/follow-up automation

• AI and/or automated messaging setup

• Ongoing hosting, management, or support

• Monthly subscription pricing such as $297/month

Pricing may change in the future. If your subscription price changes, we will provide reasonable notice before the new pricing applies to your next billing cycle.

Any custom services, add-ons, ad management, extra automation, additional pages, extra websites, consulting, or advanced integrations may require additional fees.

5. Advertising Spend Is Not Included

Unless specifically stated in writing, your monthly fee does not include advertising spend.

You are responsible for all advertising costs paid to platforms such as:

• Meta/Facebook

• Instagram

• Google Ads

• Google Local Services Ads

• YouTube

• TikTok

• LinkedIn

• Any other advertising platform

Ad spend is separate from HomeServ Agency’s management fees.

If advertising accounts are billed directly by Meta, Google, or another platform, you are responsible for maintaining a valid payment method with that platform.

6. Billing and Auto-Renewal

If you purchase a recurring subscription, you authorize HomeServ Agency or its payment processor to charge your payment method automatically on a recurring basis until canceled.

Subscription fees are billed in advance.

By providing a payment method, you authorize us to charge all amounts due, including:

• Monthly subscription fees

• Setup fees, if applicable

• Add-on service fees

• Usage-based charges, if applicable

• Past-due balances

• Taxes, where applicable

Payments may be processed through Stripe, PayPal, QuickBooks, GoHighLevel, or another third-party payment processor.

7. Payment Failures

If your payment fails, we may retry the payment automatically.

If payment remains unpaid, we may:

• Pause work

• Suspend your website, CRM, automations, ads, phone number, or platform access

• Disable lead follow-up systems

• Stop ad management

• Remove access to services

• Terminate your account

• Send unpaid balances to collections

• Recover legal, administrative, and collection costs

Suspension does not remove your obligation to pay outstanding fees.

8. Cancellation

Unless a separate written agreement says otherwise, you may cancel a month-to-month subscription by contacting us before your next billing date.

Cancellation becomes effective at the end of the current paid billing period.

You will not receive a refund for the unused portion of the current billing period.

If you cancel, we may stop providing access to websites, automations, CRM systems, phone numbers, hosting, tracking systems, ad management, and other services tied to your subscription.

9. No Refund Policy

All payments are final and non-refundable unless HomeServ Agency states otherwise in writing.

This includes:

• Monthly subscription fees

• Setup fees

• Website build fees

• Automation setup fees

• Advertising management fees

• Consulting fees

• Custom project fees

• Prepaid service fees

• Usage charges

You acknowledge that our services may involve custom work, immediate setup, strategy, platform configuration, website design, automation buildout, account setup, and labor that begins shortly after purchase.

Because of this, refunds are not guaranteed.

10. No Chargebacks

You agree not to file a chargeback or payment dispute for services that were purchased, started, delivered, or made available.

If you initiate a chargeback, we reserve the right to:

• Submit proof of your agreement, purchase, checkout acceptance, service delivery, platform usage, and communications to the payment processor

• Suspend or terminate your services

• Recover the disputed amount

• Recover administrative fees, legal fees, collection fees, and related costs

A chargeback is considered a material breach of these Terms.

11. Service Delivery

Services are considered started or delivered when we begin work, provide access, launch a website, build a page, configure automation, set up CRM tools, create ad campaigns, install tracking, provide consulting, or otherwise make deliverables available to you.

Estimated timelines are not guarantees. Delays may occur due to:

• Client delay in providing information

• Client delay in approvals

• Third-party platform delays

• Domain or hosting issues

• Ad account reviews

• A2P/SMS registration delays

• Google or Meta verification delays

• Payment failures

• Technical issues outside our control

We are not responsible for delays caused by you or third-party platforms.

12. Website Ownership and Usage Rights

Unless otherwise stated in writing, websites, funnels, templates, landing pages, automations, workflows, designs, layouts, scripts, CRM configurations, AI prompts, and systems created by HomeServ Agency are provided as part of your active subscription or service agreement.

You retain ownership of the content you provide, such as:

• Your logo

• Your business name

• Your photos

• Your videos

• Your written copy

• Your customer lists

• Your business information

HomeServ Agency retains ownership of its:

• Templates

• Frameworks

• Systems

• Automations

• Design structures

• Workflows

• AI prompts

• Internal processes

• Code snippets

• Marketing strategies

• Platform configurations

• Proprietary methods

If your subscription is canceled or terminated, your right to use subscription-based assets may end unless otherwise agreed in writing.

If you want a website transfer, source file transfer, domain transfer, or full ownership handoff, it must be agreed to separately in writing and may require an additional fee.

13. Domains

If you own your domain, you remain responsible for maintaining it, renewing it, and keeping payment information updated.

If HomeServ Agency purchases or manages a domain on your behalf, domain ownership and transfer rights will depend on the specific written agreement between you and HomeServ Agency.

We are not responsible for expired domains, missed renewals, DNS mistakes, transfer delays, or domain issues caused by inaccurate information, expired payment methods, registrar rules, or third-party platforms.

14. Third-Party Platforms

Our services may rely on third-party platforms, including but not limited to:

• GoHighLevel

• WordPress

• Webflow

• Wix

• Google

• Meta/Facebook

• Stripe

• PayPal

• Twilio

• Mailgun

• Calendly

• Zapier

• Make.com

• OpenAI or other AI providers

• Hosting providers

• Domain registrars

• Analytics tools

• Call tracking platforms

You understand that these platforms are not owned or controlled by HomeServ Agency.

We are not responsible for:

• Platform outages

• Account bans

• Account restrictions

• Ad disapprovals

• Policy changes

• Data loss

• API changes

• Pricing changes

• Feature removals

• Delivery failures

• SMS carrier filtering

• Google or Meta account reviews

• Third-party security incidents

• Third-party billing issues

Your use of third-party platforms may be subject to their own terms, privacy policies, and acceptable use rules.

15. GoHighLevel / CRM Services

If we provide CRM, automation, phone, SMS, email, or pipeline services through GoHighLevel or a similar platform, you understand that the actual platform may be owned and operated by a third party.

You are responsible for using the CRM lawfully.

We do not guarantee uninterrupted CRM access, message delivery, phone number availability, or continued platform functionality.

If GoHighLevel, Twilio, Mailgun, Google, Meta, or another platform changes rules, restricts features, suspends accounts, delays approval, or changes pricing, we are not responsible for resulting interruptions or damages.

16. AI Automation and AI Tools

Our services may include AI-powered tools, such as:

• AI chatbots

• AI voice agents

• AI lead qualification

• AI follow-up messages

• AI call summaries

• AI appointment booking

• AI customer support workflows

• AI-generated content

• AI-assisted marketing copy

• AI CRM tagging or lead scoring

AI tools may produce inaccurate, incomplete, delayed, or unexpected responses.

You are responsible for reviewing AI-generated content, messages, scripts, call flows, automations, and responses before relying on them.

We do not guarantee that AI systems will always:

• Respond correctly

• Understand every customer

• Book every appointment

• Follow up perfectly

• Avoid mistakes

• Produce legally compliant language

• Avoid all errors or misunderstandings

You agree that AI tools should be monitored and used with reasonable human oversight.

You may not use our AI systems to create illegal, misleading, harmful, abusive, discriminatory, fraudulent, or deceptive content.

17. Facebook Ads and Google Ads

If we provide Facebook Ads, Instagram Ads, Google Ads, Google Local Services Ads, or other paid advertising services, you understand and agree that:

• We do not control Meta, Google, or other ad platforms

• We do not guarantee ad approval

• We do not guarantee account approval

• We do not guarantee cost per lead

• We do not guarantee number of leads

• We do not guarantee booked jobs

• We do not guarantee revenue

• We do not guarantee rankings

• We do not guarantee specific campaign performance

Advertising results may vary based on your market, budget, competition, offer, pricing, reviews, website, location, service type, sales process, and other factors outside our control.

You are responsible for the truthfulness and legality of all claims made in your ads, landing pages, offers, testimonials, reviews, guarantees, pricing, and business information.

18. No Guaranteed Results

HomeServ Agency does not guarantee specific business results.

We do not guarantee:

• Leads

• Sales

• Revenue

• Booked jobs

• Search rankings

• Ad performance

• Cost per lead

• Conversion rate

• Return on ad spend

• Google ranking position

• Customer acquisition cost

• Approval by ad platforms

• Approval by SMS carriers

• Specific amount of website traffic

Marketing performance depends on many factors outside our control.

Any examples, testimonials, case studies, projections, or estimates are for informational purposes only and do not guarantee future results.

19. Client Responsibilities

You agree to:

• Provide accurate business information

• Provide access to required accounts

• Review and approve content when requested

• Maintain valid payment methods

• Respond to leads promptly

• Follow all applicable laws

• Keep your licenses, insurance, and business registrations active where required

• Honor your own customer agreements

• Provide truthful advertising claims

• Maintain your own privacy policy and terms where required

• Obtain proper customer consent for SMS, email, calls, and marketing

• Monitor your CRM, leads, calls, and automations

• Notify us of errors, incorrect information, or needed updates

We are not responsible for lost leads, lost sales, poor close rates, missed calls, delayed responses, bad customer service, inaccurate pricing, poor reviews, or operational issues within your business.

20. Client Content

You are responsible for all content you provide to us, including:

• Logos

• Photos

• Videos

• Testimonials

• Reviews

• Customer lists

• Business descriptions

• Service claims

• Pricing

• Licenses

• Guarantees

• Before-and-after photos

• Offers

• Promotions

You represent that you have the legal right to use all content you provide.

You agree not to provide content that infringes copyrights, trademarks, privacy rights, publicity rights, or any third-party rights.

You grant HomeServ Agency a license to use, edit, display, publish, store, transmit, and process your content as needed to provide the services.

21. Customer Data and Lead Data

If you upload, import, or collect customer information through our systems, you are responsible for having the legal right to do so.

This may include:

• Names

• Phone numbers

• Email addresses

• Addresses

• Service requests

• Appointment details

• Call recordings

• SMS messages

• Form submissions

• Lead source data

• Customer notes

You are responsible for complying with privacy laws, advertising laws, telemarketing laws, email laws, SMS laws, and customer consent requirements.

You are responsible for maintaining proof of consent when required.

22. Client SMS, Email, Calls, and A2P Compliance

If you use our systems for SMS, MMS, email, calls, AI voice, or automated follow-up, you are responsible for complying with all applicable laws and carrier rules, including:

• TCPA

• CAN-SPAM

• A2P 10DLC rules

• CTIA guidelines

• State telemarketing laws

• Do Not Call rules

• Privacy laws

• Platform acceptable use policies

You agree not to send spam, unsolicited messages, misleading messages, illegal content, or messages without proper consent.

You are responsible for obtaining valid consent from every recipient before sending any message that requires consent.

You are responsible for maintaining proof of consent, including timestamps, form submissions, written authorizations, or other records where applicable.

You are responsible for honoring opt-out requests such as STOP, UNSUBSCRIBE, CANCEL, or similar requests.

You are responsible for ensuring your campaign use case, website, form language, privacy policy, terms, and actual messaging practices match.

If HomeServ Agency builds or manages forms, funnels, booking pages, or calendar pages that collect phone numbers, SMS consent language may be included to support compliance. Consent checkboxes should be optional, should not be pre-checked, and should allow the form to submit even if SMS consent is not selected.

23. SMS/Text Messaging Terms for Messages From HomeServ Agency

HomeServ Agency may send text messages to users who opt in to receive communications from us.

Messages may include:

• Appointment confirmations

• Appointment reminders

• Rescheduling notifications

• Onboarding updates

• Post-call follow-up

• Account updates

• Estimate information

• Invoice information

• Payment information

• Customer support messages

• Promotional offers

• Discounts

• Service updates

• New service announcements

• Referral incentives

• Re-engagement promotions

Message frequency may vary. Message and data rates may apply.

You can cancel the SMS service at any time. Text STOP to [Phone Number]. After you send the SMS message STOP to us, we may send you an SMS message confirming that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you opt in again.

If you want to receive messages again, you may sign up again through our website, form, booking page, or another approved opt-in method.

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can contact us directly at [Support Email] or [Support Phone Number].

Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from us and from you to us. Message frequency may vary. If you have questions about your text plan or data plan, contact your wireless provider.

You are not required to agree to receive promotional text messages as a condition of purchasing any goods or services from HomeServ Agency.

If you have any questions regarding privacy, please read our Privacy Policy at: [Privacy Policy Link]

24. SMS Opt-In Data Protection

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the text message services necessary to deliver SMS messages.

Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information sharing to subcontractors or service providers in support services, such as customer service, CRM support, platform support, appointment reminders, and SMS delivery, is permitted only as necessary to provide services.

All other use case categories exclude text messaging originator opt-in data and consent. This information will not be shared with any third parties except aggregators and providers of the text message services necessary to deliver SMS messages.

25. Marketing vs. Non-Marketing Text Messages

HomeServ Agency may use separate consent options for different types of text messages.

Non-Marketing Messages

Non-marketing messages may include appointment confirmations, appointment reminders, rescheduling notifications, onboarding updates, post-call follow-up, account updates, estimate information, invoice information, payment information, and customer support.

Marketing Messages

Marketing messages may include special offers, discounts, service updates, new service announcements, referral incentives, customer loyalty messages, and re-engagement promotions.

We will only send messages based on the consent you provide.

26. SMS Consent Checkbox Language

Any HomeServ Agency form that collects a phone number may include SMS consent checkboxes.

These checkboxes should be:

• Optional

• Not pre-checked

• Clearly labeled

• Separate for marketing and non-marketing messages when applicable

• Written to match the type of messages being sent

• Configured so the form can still submit if neither checkbox is selected

Example marketing consent language:

“I consent to receive marketing text messages, including special offers, discounts, service updates, new service announcements, referral incentives, and re-engagement promotions, from HomeServ Agency at the phone number provided. Message frequency may vary. Message & data rates may apply. Text HELP for assistance. Reply STOP to opt out.”

Example non-marketing consent language:

“I consent to receive non-marketing text messages from HomeServ Agency about appointment confirmations and reminders, rescheduling notifications, onboarding updates, post-call follow-up, account updates, estimate information, invoice information, payment information, and customer support. Message frequency may vary. Message & data rates may apply. Text HELP for assistance. Reply STOP to opt out.”

If your legal business name differs from your brand name, the legal name, DBA, website, privacy policy, terms, consent forms, and SMS registration materials should be consistent.

27. Call Recording

We may record sales calls, onboarding calls, strategy calls, support calls, and service-related calls for:

• Quality assurance

• Training

• Recordkeeping

• Dispute resolution

• Service improvement

By continuing a recorded call after notice is provided, you consent to the recording.

If you do not want a call recorded, notify us before continuing the call.

28. Acceptable Use

You agree not to use our services to:

• Violate any law

• Send spam

• Send unlawful SMS, calls, or emails

• Infringe intellectual property rights

• Upload malware or harmful code

• Mislead consumers

• Impersonate another person or business

• Promote illegal services

• Harass, abuse, or threaten others

• Circumvent security systems

• Reverse engineer our systems

• Copy or resell our services without permission

• Use our services to build a competing product

• Upload false, deceptive, or harmful content

• Violate Google, Meta, SMS carrier, or third-party platform policies

We may suspend or terminate your services if we believe you violated this section.

29. Intellectual Property

HomeServ Agency owns all rights to its:

• Brand

• Website templates

• Design systems

• Internal tools

• Processes

• Strategies

• Automations

• CRM workflows

• AI prompts

• Training materials

• Marketing frameworks

• Code snippets

• Documentation

• Service methods

You may not copy, resell, duplicate, reverse engineer, distribute, sublicense, or use our intellectual property to compete with us.

30. Feedback

If you provide feedback, ideas, suggestions, improvements, or recommendations, you grant HomeServ Agency the right to use them without restriction or compensation.

31. Confidentiality

During the course of services, either party may share confidential business information.

You agree not to disclose our non-public systems, pricing structures, methods, automations, strategies, templates, or internal processes.

We agree to use reasonable care to protect your confidential business information.

Confidentiality does not apply to information that is publicly available, independently developed, already known, or required to be disclosed by law.

32. Service Suspension and Termination

We may suspend or terminate your services if:

• You fail to pay

• You violate these Terms

• You misuse the services

• You create legal or reputational risk

• You violate platform policies

• Your account is involved in spam or unlawful messaging

• Your business activities are illegal or high-risk

• You threaten, abuse, or harass our team

• We are required to do so by law or a third-party platform

After termination, your access to websites, hosting, CRM systems, automations, ads, numbers, campaigns, and related systems may end.

33. Data Export After Cancellation

Upon cancellation or termination, you are responsible for requesting any available export of your data before access ends.

We may retain data for a limited period for business, legal, tax, fraud prevention, or dispute purposes.

We are not responsible for exporting data after accounts are deleted, suspended, archived, or made unavailable by third-party platforms.

34. Disclaimers

The services are provided “as is” and “as available.”

To the fullest extent allowed by law, HomeServ Agency disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uptime, performance, or availability.

We do not warrant that:

• Services will be uninterrupted

• Services will be error-free

• Leads will be generated

• Ads will be approved

• Automations will always function perfectly

• AI responses will always be accurate

• Third-party platforms will remain available

• Technical issues will never occur

• Campaigns will produce specific results

• SMS messages will always be delivered

• Carriers will approve or deliver every message

• A2P registration will always be approved

35. Limitation of Liability

To the fullest extent allowed by law, HomeServ Agency will not be liable for:

• Lost profits

• Lost revenue

• Lost leads

• Lost customers

• Lost data

• Business interruption

• Reputation damage

• Ad account restrictions

• Platform outages

• SMS delivery failures

• Website downtime

• CRM interruptions

• AI mistakes

• Third-party service failures

• Indirect, incidental, special, consequential, punitive, or exemplary damages

Our total liability for any claim will not exceed the amount you paid to HomeServ Agency in the three months before the event giving rise to the claim, or $100, whichever is greater.

36. Indemnification

You agree to defend, indemnify, and hold harmless HomeServ Agency, its owners, employees, contractors, agents, affiliates, and partners from any claims, damages, fines, penalties, losses, costs, and expenses arising from:

• Your use of the services

• Your business operations

• Your customer communications

• Your ads or marketing claims

• Your customer data

• Your violation of laws

• Your violation of these Terms

• Your violation of third-party rights

• Your failure to obtain proper SMS, email, or call consent

• Your use of AI-generated content

• Your use of third-party platforms

• Your failure to comply with TCPA, CAN-SPAM, A2P 10DLC, carrier rules, Do Not Call rules, or privacy laws

This includes reasonable attorney’s fees and legal costs.

37. Force Majeure

HomeServ Agency is not responsible for delays or failures caused by events outside our reasonable control, including:

• Natural disasters

• War

• Terrorism

• Labor disputes

• Pandemics

• Government actions

• Internet outages

• Power outages

• Hosting outages

• Third-party platform failures

• API changes

• Payment processor issues

• Google, Meta, Twilio, GoHighLevel, or carrier outages

38. Dispute Resolution

Before filing any formal claim, you agree to first contact us in writing and attempt to resolve the dispute informally.

Send disputes to:

[Insert Legal Email]

The parties agree to attempt informal resolution for at least 30 days before either party begins arbitration or legal action.

39. Binding Arbitration and Class Action Waiver

To the fullest extent allowed by law, you and HomeServ Agency agree that any dispute, claim, or controversy arising out of or related to these Terms, the services, payments, cancellation, advertising, websites, automations, CRM systems, AI tools, SMS messages, email communications, phone systems, or customer communications will be resolved by binding individual arbitration.

You waive the right to a jury trial.

You waive the right to participate in a class action, class arbitration, collective action, or representative action.

Claims must be brought individually.

The arbitrator may not consolidate claims from multiple clients.

40. Governing Law

These Terms will be governed by the laws of the State of [Insert State], without regard to conflict of law principles.

Any disputes not subject to arbitration will be brought in the courts located in [Insert County and State], unless applicable law requires otherwise.

41. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we may notify you by posting the updated Terms on our website, emailing you, or providing notice through another reasonable method.

Your continued use of our website or services after changes are posted means you accept the updated Terms.

42. Entire Agreement

These Terms, together with our Privacy Policy, checkout page, invoice, proposal, order form, or written service agreement, form the entire agreement between you and HomeServ Agency.

If there is a conflict between these Terms and a signed written agreement, the signed written agreement will control.

43. Severability

If any part of these Terms is found invalid or unenforceable, the remaining sections will remain in effect.

44. No Waiver

Our failure to enforce any part of these Terms does not waive our right to enforce it later.

45. Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent.

We may assign these Terms in connection with a merger, acquisition, sale of assets, restructuring, or transfer of business operations.

46. Contact Information

Questions about these Terms should be sent to:

HomeServ Agency
Legal Company Name: [Insert Legal Company Name]
Email: [Insert Legal Email]
Support Email: [Insert Support Email]
Phone: [Insert Phone Number]
Website: [Insert Website URL]
Mailing Address: [Insert Business Address]

47. Agreement

By using our website, purchasing services, submitting payment, checking an agreement box, signing an agreement, submitting a form, opting into text messages, or continuing to use our services, you confirm that:

• You have read these Terms

• You understand these Terms

• You agree to be bound by these Terms

• You agree to our Privacy Policy

• You understand our no-refund policy

• You understand that marketing results are not guaranteed

• You understand that third-party platforms may affect service delivery

• You understand that SMS delivery is not guaranteed

• You understand that you are responsible for legal compliance in your own customer communications

• You understand that your mobile/SMS opt-in data will not be shared with third parties or affiliates for marketing or promotional purposes