FMS 90-Day Commitment — Terms & Eligibility Requirements

FMS Online Marketing (“FMS”) believes clients should continue working with us because they see value in the work we provide—not simply because they are locked into a long-term contract.

For qualifying clients, FMS offers an initial 90-Day Commitment designed to provide enough time to evaluate the business, establish the marketing foundation, implement the agreed-upon strategy, and begin measuring progress.

The 90-Day Commitment is not available for every business, market, or campaign. Certain highly competitive markets, larger geographic campaigns, new or underdeveloped websites, or campaigns requiring substantial foundational work may require an initial commitment of six months or longer.

FMS will determine eligibility and the required initial commitment period before services begin, and that commitment will be clearly identified in the client’s service agreement.

For clients who qualify for the 90-Day Commitment, if the measurable improvement established for the campaign has not been achieved during the initial 90-day period, FMS will continue providing covered services at no additional service charge for an additional 30- to 90-day period, subject to the terms and eligibility requirements below.

1. Who Qualifies for the 90-Day Commitment?

The FMS 90-Day Commitment is available only to qualifying clients.

Before entering into a service agreement, FMS may evaluate factors including:

• The client’s current online visibility and search presence
• Website condition and technical foundation
• Age and authority of the website/domain
• Strength and number of competitors
• Competitiveness of the industry
• Geographic markets being targeted
• Current Google Business Profile presence
• Existing content and website structure
• Services or products being promoted
• Current rankings and organic search visibility
• Scope of SEO, Local SEO, AEO, GEO, AI SEO, website, and content work required
• The client’s business goals and desired growth areas

FMS will use this information to determine whether the campaign reasonably qualifies for the 90-Day Commitment or requires a longer initial commitment.

2. Campaigns That May Require Six Months or Longer

SEO is not the same in every industry or market. Some businesses are entering markets where competitors have spent years building their websites, content, authority, reviews, backlinks, and overall online presence.

In these situations, FMS may determine that 90 days does not provide a reasonable period for evaluating meaningful progress.

A longer initial commitment may be required for campaigns involving circumstances such as:

• Highly competitive industries
• Highly competitive cities or metropolitan areas
• Regional, multi-state, or national SEO campaigns
• New websites or recently registered domains
• Websites with limited search history or authority
• Businesses with little existing organic visibility
• Websites requiring significant technical or structural improvements
• Businesses requiring substantial new service, location, or informational content
• Expansion into numerous new cities, states, services, or markets
• Significant Google Business Profile, citation, reputation, or website issues
• Competition against well-established businesses with substantially stronger online authority
• Campaigns requiring extensive content development or authority building
• Major website redesigns or migrations occurring alongside SEO
• Other circumstances where FMS determines that a longer period is reasonably necessary to implement and evaluate the strategy

When a longer initial commitment is required, the client will be informed before signing the service agreement.

FMS will not retroactively change a qualifying client’s initial 90-Day Commitment to a six-month commitment after the campaign has begun unless both parties agree in writing to modify the service agreement.

3. What We Mean by Measurable Improvement

The purpose of the 90-Day Commitment is to hold FMS accountable for making measurable progress—not to guarantee a specific financial result.

“Measurable improvement” does not mean a guaranteed number of customers, leads, phone calls, bookings, appointments, sales, revenue, or specific search-engine rankings.

Because every business, website, market, and competitive environment is different, the performance indicators used to evaluate improvement may vary by client.

Depending on the campaign and the services being provided, measurable improvement may include positive movement in areas such as:

• Organic search visibility
• Target keyword rankings
• Google Business Profile visibility or engagement
• Organic website traffic
• Search impressions and clicks
• Visibility for targeted services
• Visibility within targeted geographic markets
• Phone calls, forms, appointments, or bookings attributable to organic search when reliable tracking is available
• Website engagement
• AI-search visibility
• Visibility within AI-powered search experiences
• Other mutually agreed-upon performance indicators

Whenever practical, the primary performance indicators for the campaign should be established at or near the beginning of the engagement so both FMS and the client understand how progress will be evaluated.

FMS will evaluate the overall performance of the campaign and the objectives established for that client when determining whether measurable improvement has occurred.

4. Client Requirements to Remain Eligible

To remain eligible for the 90-Day Commitment, the client must:

• Complete the entire initial 90-day service period.
• Remain current on all payments required during the initial commitment period.
• Provide FMS with reasonable access to the website, Google Business Profile, analytics, search performance data, hosting, and other accounts reasonably necessary to perform the agreed-upon work.
• Provide requested business information, credentials, content, images, approvals, and other necessary materials within a reasonable timeframe.
• Allow FMS to implement the work and recommendations included within the agreed-upon strategy.
• Communicate significant business, website, hosting, domain, marketing, or operational changes that could affect campaign performance.
• Avoid making substantial SEO, website, Google Business Profile, tracking, or other digital marketing changes—or allowing another provider to make such changes—without informing FMS when those changes could materially affect the campaign.
• Maintain normal business operations and a reasonable ability to accept customers, inquiries, calls, appointments, or bookings.
• Maintain accurate and truthful business information.
• Follow applicable Google, search-engine, AI-platform, and third-party platform policies.
• Refrain from activities that could reasonably result in penalties, suspensions, loss of visibility, or other negative effects outside FMS’s control.

Failure to meet these requirements may affect eligibility for the additional no-charge service period.

5. What Happens If Measurable Improvement Is Not Achieved?

If an eligible 90-Day Commitment client completes the initial period and the established performance indicators have not demonstrated measurable improvement, FMS will provide an additional 30 to 90 days of covered FMS services at no additional service charge.

During this period, FMS may continue the existing strategy or adjust the strategy based on the data, performance, competitive environment, and opportunities identified during the initial 90 days.

The length and scope of the additional service period will be determined by FMS based on the work reasonably required to continue pursuing measurable improvement.

If measurable improvement is achieved during the additional service period, the no-charge extension ends and normal monthly billing will resume if the client chooses to continue services.

6. What Is Covered During the No-Charge Extension?

The additional no-charge period applies to the recurring FMS professional services included in the qualifying client’s service agreement.

It does not automatically include third-party costs or work outside the original scope of the agreement.

Examples of costs that may not be included are:

• Advertising or media spend
• Website hosting
• Domain registration or renewal
• Premium software or plugins
• Third-party subscriptions or services
• Photography or video production
• Printing
• Outside development expenses
• Major website redesign or redevelopment
• Additional services requested by the client that were not included in the original scope
• Other third-party expenses

Any work outside the original scope will be discussed with the client and may require separate approval and payment.

7. Circumstances Outside FMS’s Reasonable Control

Search performance can be affected by circumstances FMS does not control.

The 90-Day Commitment or no-charge extension may not apply, or may need to be adjusted, when performance is materially affected by circumstances such as:

• Significant website changes made by the client or another provider
• Website outages or hosting problems
• Domain problems
• Loss, suspension, restriction, or removal of a Google Business Profile or other third-party account
• Search-engine algorithm changes
• Changes to Google Maps or local search systems
• Changes to AI platforms or AI-powered search experiences
• Search-engine or platform penalties caused by activity not performed or authorized by FMS
• Incorrect, misleading, or incomplete information supplied by the client
• Tracking being disabled, removed, or substantially changed
• Delayed approvals or lack of required access
• Legal or regulatory changes
• Significant changes to the client’s services, location, ownership, staffing, capacity, or operations
• Business closures or extended interruptions
• Actions by competitors or third-party platforms outside FMS’s reasonable control
• Other extraordinary circumstances that materially interfere with FMS’s ability to perform or accurately evaluate the campaign

FMS will make reasonable efforts to communicate with the client when circumstances arise that may materially affect campaign performance or eligibility.

8. No Guarantee of Specific Rankings or Business Results

The FMS 90-Day Commitment is a commitment to our work and measurable progress. It is not a guarantee of specific business or financial results.

FMS does not guarantee:

• A particular Google or search-engine ranking
• A particular Google Maps position
• Inclusion or recommendation within ChatGPT, Google AI experiences, or another AI platform
• A specific number of leads, phone calls, appointments, estimates, or bookings
• A specific number of new customers
• A specific amount of sales or revenue

Search engines, AI platforms, competitors, customer behavior, economic conditions, market demand, and third-party technologies are outside FMS’s direct control and can change at any time.

9. What Happens After the Initial Commitment?

For qualifying 90-Day Commitment clients, recurring services will generally continue month to month after the initial 90-day period, unless otherwise stated in the client’s service agreement.

Clients who require a six-month or longer initial commitment will transition according to the terms stated in their individual service agreement.

The goal is straightforward: we want clients to continue working with FMS because they see the value in the relationship and the progress being made—not simply because a long-term contract makes it difficult to leave.

10. Cancellation During the Initial Commitment

Clients who cancel before completing their required initial commitment period will not qualify for the protections or additional no-charge services associated with the 90-Day Commitment.

Any outstanding amounts, cancellation provisions, or other obligations will remain governed by the client’s signed service agreement.

For clients with a six-month or longer initial commitment, cancellation terms will be governed by that individual agreement.

11. Eligibility Is Established Before Services Begin

FMS will determine whether a prospective client’s campaign qualifies for the 90-Day Commitment before the client enters into the applicable service agreement.

If FMS determines that a longer initial commitment is appropriate, the client will be informed of that requirement before signing.

The applicable initial commitment period should be clearly stated in the client’s service agreement so both parties understand the terms before work begins.

12. Relationship to Your FMS Service Agreement

These Terms and Eligibility Requirements provide general information regarding the FMS 90-Day Commitment.

Individual client agreements may contain additional requirements, exclusions, scopes of work, payment terms, cancellation provisions, performance indicators, or other terms specific to that client’s campaign.

If these website Terms and Eligibility Requirements conflict with a client’s signed service agreement, the signed service agreement will control to the extent permitted by applicable law.