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Terms and Conditions

Last Updated: January 2026

These Terms and Conditions (“Agreement”) govern the relationship between Fence Marketing Xperts (“FMX,” “we,” “our,” or “us”) and the client (“Client,” “you,” or “your”) engaging our marketing services. By signing a service proposal or using our services, you agree to be bound by this Agreement.

Services and Engagement 

FMX agrees to provide digital marketing services as outlined in the signed proposal or service agreement. The proposal, together with these Terms and Conditions, constitutes the complete Agreement between both parties.

Agreement Term 

This Agreement begins on the date FMX accepts your signed proposal and continues on a month-to-month basis unless otherwise specified. FMX may terminate this Agreement immediately if: 

  1. Client fails to pay fees when due 
  2. Client fails to provide necessary cooperation, materials, or approvals
  3. Client uses our services or their website for any unlawful purpose.

Payment Terms 

Client agrees to pay all fees outlined in the proposal when due. The first payment is due upon acceptance of this Agreement. Subsequent payments are due on the same calendar day each month. Payments not received within ten (10) days of the due date will incur interest at 1.5% per month until paid in full. All fees paid are non-refundable unless otherwise stated in the proposal. FMX reserves the right to adjust pricing with forty-five (45) days written notice.

Revision Policy 

Unless stated otherwise in the proposal, Client is permitted three (3) design revisions during the initial design phase. Additional revisions or changes requested after design approval will be billed at $75.00 per hour. These charges apply regardless of any project budget or fixed price outlined in the proposal.

Major Scope Changes 

If the Client requests changes that exceed 50% of the original project scope or value, FMX may submit a revised proposal for approval. Work on revised services will not begin until the new proposal is signed and any additional fees are received.

Project Timelines 

FMX will make commercially reasonable efforts to complete services within the timeframes outlined in the proposal. Client agrees to promptly review deliverables and provide written approval or detailed feedback within the specified time. Delays caused by the client’s failure to provide materials, approvals, or feedback will not constitute a breach by FMX. Such delays may extend project timelines accordingly.

Client Authorization 

Client authorizes FMX to: 

  1. Access and analyze Client’s website content and structure
  2. Modify the client’s website for SEO and marketing purposes
  3. Upload pages, content, and media to the client’s website 
  4. Use the client’s logos, trademarks, images, and branding materials for marketing purposes
  5. Communicate with third parties as needed to deliver services, including web developers, hosting providers, and advertising platforms.

Call Tracking Consent 

Client consents to the installation of call tracking numbers on their website and marketing materials. Client also consents to the recording of phone calls routed through these tracking numbers for quality and reporting purposes. Upon termination, Client has sixty (60) days to port the tracking number at no cost, provided all fees are paid in full.

Website Hosting 

FMX will host the Client’s website on our servers during the Agreement term. Email hosting is not included. If Client requires email services, they must arrange this separately with their IT provider or a recommended third-party provider at additional cost. Upon termination, Client has the following options:

  • Pay $50 per month for continued hosting on FMX servers
  • Transfer the website to a hosting provider of their choice
  • Request a complete website backup file at no charge

If Client does not transfer their website within sixty (60) days of termination, FMX reserves the right to remove the website from our servers without further notice.

No Guarantee of Results 

Client acknowledges the following: 

  1. FMX has no control over search engine policies, algorithms, or ranking decisions
  2. FMX is not responsible for changes made to Client’s website by third parties that negatively impact rankings
  3. SEO and marketing results depend on factors outside FMX’s control, and specific results cannot be guaranteed
  4. Search engine rankings fluctuate and cannot be permanently secured
  5. New websites may experience delays in indexing or ranking due to search engine practices
  6. Search engines may take several months to reflect ranking changes.

Performance Guarantee 

FMX guarantees that if there are no positive ranking improvements for any of Client’s target keywords within the first three (3) months of service, Client may terminate this Agreement and receive a 40% refund of fees paid during that period.

Force Majeure 

FMX shall not be liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, internet outages, third-party service failures, or government actions.

Limitation of Liability 

FMX shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, regardless of whether such damages were foreseeable. FMX makes no warranties regarding third-party software, platforms, or services used in connection with our marketing services. Our total liability under this Agreement shall not exceed the fees paid by Client in the three (3) months preceding any claim.

Client Representations 

Client represents and warrants that: 

  1. Client owns or has legal rights to the domain and website listed in the proposal
  2. Client owns or has the unrestricted right to use all materials, images, and content provided to FMX
  3. The individual signing this Agreement has full authority to bind Client to these terms.

Indemnification 

Client agrees to indemnify and hold harmless FMX and its owners, employees, and contractors from any claims, damages, costs, or expenses (including reasonable attorney fees) arising from: 

  1. Client’s breach of any representation or warranty in this Agreement
  2. Client’s violation of any law or third-party rights
  3. Content or materials provided by Client.

Confidentiality 

Both parties agree to keep confidential any proprietary information shared during the course of this Agreement. This includes business strategies, marketing data, client lists, and technical processes. Confidentiality obligations survive termination of this Agreement.

Intellectual Property 

All custom work created by FMX for Client, including website designs, content, and marketing materials, becomes Client’s property upon full payment of all fees. FMX retains the right to display completed work in our portfolio and marketing materials unless Client requests otherwise in writing.

Governing Law 

This Agreement shall be governed by and construed under the laws of the State of South Carolina without regard to conflict of law principles.

Dispute Resolution 

Any disputes arising from this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Lancaster County, South Carolina. The prevailing party shall be entitled to recover reasonable attorney fees and costs.

Assignment 

The client may not assign this Agreement without prior written consent from FMX. FMX may assign this Agreement to a successor entity in the event of a merger, acquisition, or sale of assets.

Severability 

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

Entire Agreement 

This Agreement, together with any signed proposals, constitutes the entire agreement between Client and FMX. All prior communications, whether oral or written, are superseded by this Agreement. No modifications to this Agreement shall be valid unless made in writing and signed by both parties.

Acceptance 

By signing a service proposal or engaging our services, Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.

Contact Information 

Fence Marketing Xperts Email: carson@fencemarketingxperts.com

Phone: (978) 587 6644 

Website: https://fencemarketingxperts.com/ 

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