Terms of Use

1. Services.

1.1 What we do. FrankyProjects is a search engine optimization and paid advertising agency serving home service businesses in the United States (the "Services"). Our Services include local search optimization, Google Business Profile setup and optimization, website design and development, local citation and directory listing management, link acquisition, and paid social advertising management. These Terms govern your use of the Site. The specific deliverables, timelines, and fees for any Services we provide to a client are defined in individual service agreements entered into between FrankyProjects and each client. In the event of any conflict between these Terms and a signed service agreement, the signed service agreement controls with respect to the Services it covers.

1.2 No guarantee of business outcomes except as expressly stated. Search engine rankings, search visibility, and advertising performance are determined by third parties including Google and Meta, whose algorithms, policies, and products change without notice and are outside our control. Except for the specific performance guarantee described in Section 1.3, FrankyProjects makes no representation or warranty regarding search rankings, search visibility, lead volume, call volume, appointment volume, revenue, or return on advertising spend. Nothing on the Site constitutes a promise of any particular business result.

1.3 Performance guarantee. For clients enrolled in a partnership program, and subject to the conditions in this Section 1.3 and the client's signed service agreement, FrankyProjects guarantees the following: Top 3 in the Map Pack across at least 30% of your service area within 6 months of your Google Business Profile being verified, or we refund what you paid us and send you $1,000 on top.

The following conditions apply to this guarantee:

(a) It applies only to clients enrolled in a partnership program. It does not apply to any one-time project engagement.

(b) The six-month period begins on the date the client's Google Business Profile is verified by Google, not on the date of signing or payment. Where a client's Google Business Profile is not verified, the six-month period does not begin and the guarantee is not yet in effect.

(c) "Top 3 in the Map Pack" means placement in the top three local business results returned by Google for the client's core services, measured across the target cities identified in the client's service agreement.

(d) "At least 30% of your service area" is measured across those target cities using the geographic rank tracking methodology identified in the client's service agreement.

(e) The guarantee is conditioned on the client's timely performance of the client obligations set out in the service agreement, which may include verifying the Google Business Profile, providing business information and photographs, requesting customer reviews, and providing access to accounts and properties required to perform the Services. Where a client's failure or delay in performing those obligations prevents or delays performance, the guarantee does not apply.

(f) The sole and exclusive remedy for a failure to meet this guarantee is (i) a refund of the setup, onboarding, and location reservation fees the client has paid to FrankyProjects for the partnership program, and (ii) payment of one thousand United States dollars ($1,000) to the client. Advertising budgets paid by the client directly to an advertising platform are not FrankyProjects revenue and are not included in the refund. This remedy applies once per client engagement and is in lieu of any other claim arising from a failure to achieve the stated result.

(g) A claim under this guarantee must be submitted in writing to admin@frankyprojects.com within thirty (30) days after the end of the applicable six-month period.

1.4 Fees, refunds, and cancellation. Setup fees, onboarding fees, and location reservation fees are earned upon receipt and are non-refundable, except where a refund is due under the performance guarantee in Section 1.3. Where a client terminates an engagement before the agreed deliverables are complete, FrankyProjects will cease work and no refund of fees already paid is due. Performance-based fees, where applicable, are invoiced according to the client's signed service agreement. Advertising budgets are paid by the client directly to the advertising platform, are not FrankyProjects revenue, and are not refundable by FrankyProjects. Fees for Services are set out in each client's signed service agreement, and any pricing described on the Site or in any proposal is an estimate that does not bind FrankyProjects until a service agreement is signed.

2. FrankyProjects Content.

The Site contains HTML, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, "Content") of FrankyProjects or its licensors ("FrankyProjects Content"). The Site (including the FrankyProjects Content) is protected by copyright, trademark, trade secret and other laws; and as between you and FrankyProjects, FrankyProjects owns and retains all rights in the Site and the FrankyProjects Content. FrankyProjects hereby grants to you a limited, revocable, non-sublicensable license to access, display and perform the FrankyProjects Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. Except as expressly permitted by FrankyProjects in these Terms or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any FrankyProjects Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the FrankyProjects Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the FrankyProjects Content.

3. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of FrankyProjects or other third parties. You are not permitted to use these Marks without the prior written consent of FrankyProjects or such third party.

4. SMS / Text Messaging Program Terms.

FrankyProjects operates an SMS program that sends transactional and promotional text messages from +1 (720) 961-2375 to contacts who have opted in through our website forms, lead advertisements (including Facebook lead forms), or direct communications.

Message types include appointment reminders, lead follow-up, missed-call text-back, and promotional offers related to our services.

Message frequency varies. Message and data rates may apply.

Opt-out: Reply STOP to unsubscribe at any time. You will receive a confirmation message and will not receive further marketing texts from us.

Help: Reply HELP for assistance, or contact us at admin@frankyprojects.com.

Carrier disclaimer: Carriers are not liable for delayed or undelivered messages.

Consent to receive SMS messages is not a condition of purchase of any goods or services. Mobile information and SMS opt-in consent will not be shared with or sold to any third parties or affiliates for marketing or promotional purposes.

5. Third-Party Services.

The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, Content or other products or services created, hosted or made available by third parties ("Third-Party Services"), and such third parties may use other third parties to provide portions of the Third-Party Service to you, such as technology, development or payment services. When you access or use a Third-Party Service, you are interacting with the applicable third party, not with FrankyProjects, and you do so at your own risk. FrankyProjects is not responsible for, and makes no warranties, express or implied, as to, the Third-Party Services or the providers of such Third-Party Services (including without limitation the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party). Inclusion of any Third-Party Service or a link thereto on the Site does not imply approval or endorsement of such Third-Party Service. FrankyProjects is not responsible or liable for the Content or practices of any Third-Party Service or third party, even if such Third-Party Service links to, or is linked by, the Site.

6. Privacy.

Please review FrankyProjects's Privacy Policy for the Site ("Privacy Policy"), available at https://frankyprojects.com/privacy-policy, to learn about FrankyProjects's information collection, usage and disclosure practices with respect to information collected by FrankyProjects through the Site.

7. User Responsibilities.

You agree to provide accurate, current, and complete information when submitting forms or opting into communications. You are responsible for any activity that occurs through your contact details and for ensuring that the phone number you provide belongs to you. You agree not to use the Site or our Services for any unlawful purpose or in a manner that could damage, disable, or impair the Site. FrankyProjects is not responsible or liable for any user Content or conduct on the Site. If you become aware of any misuse of the Site, please report such misuse immediately to FrankyProjects at admin@frankyprojects.com.

8. Compliance with Laws.

You represent that, in agreeing to, and performing under, these Terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the Site ("Applicable Laws"). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (a) comply with Applicable Laws relating to anti-bribery and anti-corruption, which may include the US Foreign Corrupt Practices Act of 1977 and the UK Bribery Act 2010; (b) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions ("Export Laws"), including designating countries, entities and persons ("Sanctions Targets"); and (c) not directly or indirectly export, re-export or otherwise deliver any FrankyProjects software, content or services to a Sanctions Target, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not a Sanctions Target or prohibited from receiving FrankyProjects software, content or services pursuant to these Terms under Applicable Laws, including Export Laws.

9. Global Availability.

FrankyProjects controls the Site from its Wyoming, United States offices. If you use this website from other locations, you are responsible for compliance with local Applicable Laws. FrankyProjects makes no representation that the products and services referenced herein are appropriate, or available, worldwide.

10. Indemnity.

You agree to defend, indemnify and hold harmless FrankyProjects, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys' fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site, breach of these Terms (including any FrankyProjects policy referenced in these Terms), violation of law, or any Content that you post, upload or cause to interface with the Site, or otherwise transfer, process, use or store in connection with the Site.

11. Disclaimers.

THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY FRANKYPROJECTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FRANKYPROJECTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR DOWNLOAD OR USE ON THE SITE, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USE OF THE SITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iv) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER FRANKYPROJECTS'S CONTROL.

12. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL FRANKYPROJECTS, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE OR THE SERVICES; AND (b) IN NO EVENT SHALL FRANKYPROJECTS'S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO FRANKYPROJECTS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

13. Responsibility for End Users.

You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms. These Terms apply to anyone accessing or using the Site; however, each provision in these Terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the Site, even if such person did not themselves violate the provision.

14. Termination and Monitoring.

14.1. If you violate these Terms, FrankyProjects may suspend or terminate your use of the Site. FrankyProjects's right to suspend or terminate your use of the Site applies even if a breach is committed unintentionally or without your authorization if FrankyProjects believes that suspension or termination is necessary to ensure compliance with Applicable Laws or to protect the rights, safety, privacy, security or property of FrankyProjects, its customers or third parties.

14.2. FrankyProjects reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site. FrankyProjects has the right in its sole discretion to edit, refuse to post or remove any Content posted, displayed, published or made available for download or use on the Site that FrankyProjects finds to be in violation of these Terms. FrankyProjects may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer data. FrankyProjects also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations.

15. Electronic Communications.

When you visit the Site or send emails to FrankyProjects, you are communicating with FrankyProjects electronically; and you consent to receive communications from FrankyProjects electronically. FrankyProjects will communicate with you by email, by SMS where you have opted in, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that FrankyProjects provides to you electronically satisfy any legal requirement that such communications be in writing.

16. Modifications.

FrankyProjects may modify these Terms at any time by posting a revised version on the Site and updating the effective date at the top of this page. By accessing the Site after changes are posted, you agree to the latest version of these Terms.

17. Governing Law.

This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Wyoming, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Sheridan County, State of Wyoming, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts.

18. Miscellaneous.

These Terms constitute the complete and exclusive statement of the agreement between the Parties and supersede all proposals, oral or written, and all other communications between the Parties relating to the subject matter of these Terms. In the event any information posted on the Site from time to time conflicts with any provision of these Terms, the applicable provision of these Terms shall control. Any terms and conditions of any other instrument issued by you in connection with these Terms which are in addition to, inconsistent with or different from these Terms shall be of no force or effect. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and FrankyProjects. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without FrankyProjects's express prior written consent. FrankyProjects may assign, transfer or sublicense all or any of FrankyProjects's rights or obligations under these Terms without restriction. The failure of FrankyProjects to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by FrankyProjects of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. FrankyProjects will not be responsible for failures to fulfill any obligations due to causes beyond its control. Non-English translations of these Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

19. Contact.

Please contact FrankyProjects with any questions regarding these Terms at:

FrankyProjects LLC.
30 Gould St, Sheridan, WY 82801
admin@frankyprojects.com
+1 (720) 961-2375