These Terms of Service ("Terms") govern your use of www.fergusonhq.com and the services provided by FergusonHQ ("we," "us," or "our"), based in Winter Haven, Florida.
By using this website, you agree to these Terms. If you do not agree, please do not use the website. These website terms are separate from any project agreement you sign with us, which governs a specific engagement.
1. Our Services
We provide website design and development, lead-automation systems (including AI receptionists, missed-call text-back, instant callback, review automation, and follow-up campaigns), hosting, local SEO, and related marketing services for businesses.
The specific scope, price, timeline, and deliverables for any engagement are defined in a separate written proposal or agreement. If those documents conflict with these Terms for a given project, the project agreement controls for that project.
2. Website and Content Ownership
After final payment, you own the completed website design, written content, custom page structure, and final project files created for your build. This excludes third-party tools, licensed assets, open-source components, and our internal processes, frameworks, and reusable code, which remain ours or our licensors'.
3. Hosting Requirement
Every live website requires active hosting to remain online. You may use a FergusonHQ hosting or care plan, or transfer the site to your own hosting account. If hosting or care lapses, your site may go offline.
4. Care Plan Coverage
This section describes what an active Website Care or Website Care Plus plan covers. Managed Hosting covers hosting, monitoring, and deployment troubleshooting only, and does not include repair work or edit time.
Repairs included in your plan
On an active Website Care or Website Care Plus plan, we diagnose and repair the following at no additional charge:
- Errors caused by a deployment we made
- A page or component we built that stops functioning
- Rolling back to the most recent stable version
- Incorrect configuration under our control
- A contact form that fails because of our implementation
- A page broken by a routine edit we performed
- Failure of hosting configuration we manage
Diagnosis included, repair quoted separately
For issues originating outside our control, we will investigate and explain the cause at no additional charge. Where correcting the issue requires substantial development or third-party work, we will quote that work and obtain your approval before starting it. This includes changes to third-party APIs or platforms, discontinued third-party services, browser compatibility changes, domain registrar or DNS changes, lapsed subscriptions to outside services, and newly arising legal, accessibility, or security requirements.
Not included
The following are outside the monthly plan fee and are quoted separately: new pages, redesigns, or new functionality; new integrations; copywriting beyond included edit time; SEO campaigns or ranking guarantees; damage resulting from changes made by you or a third party; recovery after site access is granted to another developer; and domain renewals or paid third-party software, APIs, and advertising.
Included edit time
Website Care includes up to 30 minutes and Website Care Plus up to 60 minutes of minor website edits per month, covering text, images, links, business hours, contact information, staff, services, and similar content changes. Unused time does not accrue or roll over to the following month. Work beyond the included allowance is quoted and approved by you before it is performed and billed.
Response times
We aim to acknowledge Website Care Plus requests within one business day and Website Care requests within two business days. These are targets for acknowledgement and the commencement of investigation, not guaranteed resolution times. Resolution may depend on third-party platforms, provider response, or account access that we do not hold.
Monitoring and availability
We provide automated uptime monitoring and will investigate detected outages promptly. We do not offer or guarantee a specific uptime percentage. Website availability depends on third-party hosting infrastructure, networks, and services whose performance is outside our control.
Care plans require an active subscription. Coverage described in this section applies only while the plan is current and paid.
5. Payments
Custom website builds are billed as a project fee, with a deposit to begin design and the remaining balance, set by the final agreed scope, due at launch. Payment plans are available. Monthly plans (care, SEO, and lead-system retainers) are billed in advance and can be paused or cancelled with 30 days' notice unless a separate agreement states otherwise.
Website prices shown as a single figure are the flat rate; prices shown as a starting figure are quoted to final scope before work begins. Carrier usage fees for SMS and call minutes are billed based on actual volume and are separate from setup and retainer fees.
6. Third-Party Services
Our services rely on third-party platforms such as CRM and marketing-automation software, hosting providers, and telecommunications carriers. Your use of those platforms is subject to their own terms, and their availability, features, and pricing are outside our control.
7. Automated Communications Compliance
Our lead systems can send automated SMS text-backs, AI voice-agent calls, and marketing emails on your behalf. You are responsible for ensuring your use of these tools complies with applicable law, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and carrier requirements, and for obtaining the necessary consent from your contacts.
You agree to use these systems only for lawful, permission-based communications, and you are responsible for the content of messages sent to your contacts.
8. Acceptable Use
You agree not to use the website or our services to:
- Break the law or infringe the rights of others
- Send unsolicited, deceptive, or unlawful communications
- Interfere with, disrupt, or attempt to gain unauthorized access to our systems
- Misrepresent your identity or authority
9. Intellectual Property
The FergusonHQ name, logo, website, and the frameworks, code libraries, and processes we use to deliver our services are our intellectual property or that of our licensors. Nothing in these Terms transfers ownership of those materials to you.
10. No Guaranteed Results
Performance and conversion outcomes vary based on your market, response rates, industry, location, and offers. We do not guarantee specific search rankings, revenue, or inquiry volume.
11. Disclaimer of Warranties
The website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
12. Limitation of Liability
To the fullest extent permitted by law, FergusonHQ is not liable for indirect, incidental, special, or consequential damages arising from use of the website or our services. Our total liability for any claim is limited to the amount you paid us for the service at issue.
13. Indemnification
You agree to indemnify and hold harmless FergusonHQ from claims, damages, and expenses arising out of your use of our services, your content, or your communications with your contacts, including any claim that your automated messaging violated applicable law.
14. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Any dispute will be handled in the state or federal courts located in Florida.
15. Changes to These Terms
We may update these Terms from time to time.
When we do, we will revise the "Last updated" date above. Your continued use of the website after changes are posted means you accept the updated Terms.
16. Contact Us
Questions about these Terms? Email hello@fergusonhq.com.