These Terms of Service ("Terms") form a binding agreement between FrontGrowth Solutions LLC ("FrontGrowth," "we," "us," or "our"), a marketing agency based in Charlotte, North Carolina, and the business or individual ("Client," "you") that engages FrontGrowth for marketing, lead generation, automation, or related services (the "Services"). By signing a proposal, statement of work, insertion order, or by otherwise engaging FrontGrowth to perform Services, you agree to these Terms in full.
If you do not agree to these Terms, do not engage FrontGrowth for Services.
FrontGrowth provides done-for-you digital marketing services to home-services businesses, which may include: Google Ads campaign setup and management targeting high-intent homeowners in Client's designated service area; design and deployment of a dedicated lead-capture landing page; a GoHighLevel (GHL) CRM sub-account with lead pipeline, automations, and calendar integration; speed-to-lead SMS automation; Agency-run lead prequalification and appointment booking; and related reporting. The specific Services, pricing, and any appointment guarantee provided to a given Client are defined in a separate signed Digital Marketing Services Agreement ("Client Agreement"), which controls over these Terms as to scope, pricing, and guarantee conditions. These Terms govern general use of FrontGrowth's website and Services and apply alongside any Client Agreement.
FrontGrowth is not a licensed advertising placement agency of record for any specific ad network unless separately agreed in writing, and is not a law firm, CPA, or compliance consultancy. Nothing in the Services constitutes legal, financial, tax, or regulatory compliance advice.
Each engagement begins upon mutual execution of an SOW and, where applicable, receipt of the initial deposit or first payment described in that SOW. Any work requested outside the written scope of an SOW ("Out-of-Scope Work") will be billed separately at FrontGrowth's then-current hourly or project rate, and FrontGrowth is not obligated to perform Out-of-Scope Work until a change order or updated SOW is signed.
Client is responsible for providing timely access, assets, approvals, and information reasonably required for FrontGrowth to perform the Services. Delays caused by Client's failure to provide access, assets, or approvals do not extend FrontGrowth's obligations and do not entitle Client to a refund or fee reduction for the delayed period.
Fees are set out in the applicable Client Agreement. FrontGrowth's standard engagement is a prepaid monthly appointment package (currently $1,000 USD per month, equivalent to $100 per qualified booked appointment, prepaid for ten appointments), though pricing may vary by Client Agreement. Unless otherwise stated in the Client Agreement:
Even where an appointment guarantee applies, FrontGrowth makes no guarantee of Client's downstream business outcomes — including revenue generated, jobs closed, close rate, or long-term growth — since those depend on factors outside FrontGrowth's control, including Client's pricing, sales ability, reputation, and local market conditions. Any figures, projections, or past performance data shared by FrontGrowth are illustrative only and not a promise of future results.
Client's Google Ads account is owned and funded directly by Client, who retains full access to it at all times regardless of the status of the engagement. Client's GoHighLevel (GHL) CRM sub-account is managed by FrontGrowth under FrontGrowth's master GHL account during the engagement at no additional charge to Client. If Client wants to retain the GHL sub-account, its pipelines, automations, and data after termination, Client must obtain their own GoHighLevel subscription directly with GoHighLevel (standard plans are priced by GoHighLevel, not FrontGrowth, and are subject to change at GoHighLevel's discretion). If Client's landing page is hosted on a third-party platform, Client may need their own hosting subscription after termination; FrontGrowth will advise on applicable costs during offboarding. FrontGrowth is not responsible for costs Client incurs in independently acquiring any third-party subscription after termination, but will provide reasonable assistance transferring assets and account access.
Upon payment of all fees owed, all digital assets created by FrontGrowth specifically for Client — including landing pages, ad copy, GHL pipelines, automations, and campaign structures — belong to Client. This includes assets described in the "Client-Owned Accounts" section below.
FrontGrowth retains the right to use anonymized performance data, campaign structures, and methodologies developed in the course of serving Client for its own internal purposes, including improving Services for other clients. FrontGrowth will not disclose Client's specific revenue figures or other sensitive business data without Client's written consent.
Client grants FrontGrowth the right to reference the business relationship for marketing purposes (case studies, testimonials, portfolio examples), unless Client objects in writing within 30 days of signing the applicable Client Agreement.
Any suggestions, ideas, or feedback Client provides about FrontGrowth's Services may be used by FrontGrowth without restriction or compensation to Client.
As between FrontGrowth and Client, Client owns all leads, contact data, and customer data generated through the Services for Client's campaigns ("Client Data"). FrontGrowth will not sell Client Data to third parties or use it for any other client's campaigns. FrontGrowth may use aggregated, de-identified performance data (e.g., cost-per-lead benchmarks across an industry) for its own internal analytics, case studies, and service improvement, without identifying Client by name without Client's prior written consent.
Each party agrees to keep the other's non-public business, financial, and technical information confidential, and to use it only as necessary to perform under these Terms, both during the engagement and for two (2) years after its termination.
The Services rely on third-party platforms, including but not limited to Meta, Google, GoHighLevel, and telecom/SMS carriers ("Third-Party Platforms"). FrontGrowth does not control and is not responsible for the availability, policies, pricing changes, account suspensions, or algorithm changes of any Third-Party Platform. Client is responsible for complying with the terms of service of any Third-Party Platform connected to Client's accounts. FrontGrowth is not liable for any suspension, banning, or restriction of a Client-Owned Account by a Third-Party Platform.
Client represents and warrants that: (1) it has the legal right to use any customer lists, contact data, or creative assets it provides to FrontGrowth; (2) its business and offers comply with all applicable federal, state, and local laws, including advertising, consumer protection, and industry-specific regulations; and (3) it will obtain all consents required under applicable law (including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act) before FrontGrowth sends SMS, calls, or email campaigns on Client's behalf to any contact list Client supplies.
The Services are not designed to independently ensure compliance with industry-specific regulatory frameworks (such as HIPAA for healthcare clients). If Client operates in a regulated industry, Client is solely responsible for informing FrontGrowth of any regulatory constraints applicable to its marketing communications and for reviewing deliverables for compliance before use.
Client agrees not to use the Services to: send unlawful, deceptive, or unsolicited communications; scrape or misuse FrontGrowth's systems, dashboards, or reporting tools outside normal use; reverse-engineer FrontGrowth's automations or workflows for resale as a competing service; or use the Services in a way that would expose FrontGrowth to regulatory liability under laws it was not informed applied to Client's business.
Engagements are month-to-month with no minimum contract duration. Either party may terminate at any time by providing written notice to the other. Upon termination: Client retains ownership of all Client-owned assets (per Sections 5 and 6 above); FrontGrowth will transfer access to those assets within ten (10) business days; any prepaid fees for appointments not yet delivered in the current month are refunded on a pro-rata basis; and Client remains responsible for any outstanding payments owed as of the termination date.
Except for any express appointment guarantee stated in a signed Client Agreement, the Services are provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by North Carolina law, FrontGrowth disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FrontGrowth does not warrant that the Services will be uninterrupted or error-free.
FrontGrowth is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, government action, changes to Google Ads or Meta advertising platform policies, platform outages, internet disruptions, or other events that make performance commercially impractical. Any appointment guarantee is suspended for the duration of such an event, and FrontGrowth will resume Services as soon as conditions permit.
FrontGrowth operates as an independent contractor, not as an employee, partner, or joint venturer of Client. FrontGrowth retains sole discretion over the methods and means used to perform the Services, provided that outcomes meet the standards described in the applicable Client Agreement.
To the fullest extent permitted by law, FrontGrowth's total aggregate liability arising out of or relating to the Services, under any theory of liability, will not exceed the total fees paid by Client to FrontGrowth for the Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to liability. In no event will FrontGrowth be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, or lost business opportunity, even if advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to Client to the extent prohibited by applicable law.
Client agrees to defend, indemnify, and hold harmless FrontGrowth, its owners, employees, and contractors from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising out of: (1) Client's breach of these Terms or an SOW; (2) Client's provided data, assets, offers, or claims about its products or services; (3) Client's violation of applicable law, including consumer protection or telecom regulations; or (4) Client's use of the Services in a manner not authorized under these Terms.
During the engagement and for twelve (12) months after its termination, Client agrees not to directly engage, hire, or contract with any FrontGrowth subcontractor or employee introduced to Client through the engagement, for services competitive with FrontGrowth's Services, without FrontGrowth's prior written consent.
Where FrontGrowth sends SMS or email campaigns on Client's behalf using platforms such as GoHighLevel, Client is responsible for ensuring underlying contact lists have proper consent, and for including required opt-out language (e.g., "Reply STOP to unsubscribe"). By engaging FrontGrowth, Client consents to receive electronic communications, invoices, and notices from FrontGrowth via email, satisfying any legal requirement that such communications be in writing.
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law principles, and without application of the United Nations Convention on Contracts for the International Sale of Goods.
The parties agree to first attempt to resolve any dispute through good-faith informal negotiation for at least thirty (30) days. If unresolved, the dispute will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Mecklenburg County, North Carolina. Each party waives the right to a jury trial and to participate in a class action. This section does not limit either party's right to seek injunctive relief in court to protect intellectual property or confidential information, or FrontGrowth's right to pursue Client in small-claims or ordinary civil court for unpaid invoices.
These Terms, together with any executed SOW, constitute the entire agreement between the parties regarding the Services and supersede all prior discussions. If any provision is found unenforceable, the remaining provisions remain in full effect. FrontGrowth's failure to enforce any provision is not a waiver of that provision. Neither party may assign these Terms without the other's written consent, except FrontGrowth may assign them in connection with a merger, acquisition, or sale of substantially all of its assets. No joint venture, partnership, or employment relationship is created by these Terms.