Terms of Service

1. Acceptance of Terms

By accessing this website, submitting an inquiry, placing an order, making any payment, or engaging WebAgencyUS LLC ("WebAgencyUS," "we," "us," or "our") for any service, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") in their entirety.

If you do not agree with any part of these Terms, you must not use our website or engage our services. These Terms apply to all services provided by WebAgencyUS LLC, a limited liability company registered in the State of Montana, United States.

2. Services Offered

WebAgencyUS LLC provides the following professional services:

• Web Development: Website design and development, landing page design, e-commerce development, and related web services.
• Digital Marketing: Search engine optimization (SEO), Google Ads management, Meta and social media advertising, social media marketing, and content strategy.
• AI Automation: AI chatbot development, lead capture automation, workflow automation, and related AI-powered solutions.
• Quick Services: Fixed-scope, fixed-price service packages as described on our Quick Services page.

The specific scope, deliverables, timeline, and pricing for each engagement are defined in individual project proposals, service agreements, or our Quick Services listing. In the event of a conflict between these Terms and a specific project agreement, the project agreement shall prevail.

3. Payment Terms

3.1 Deposit Requirement

All projects require a minimum deposit of fifty percent (50%) of the total project fee before any work begins. In some cases, full payment upfront may be required, particularly for Quick Services packages or projects under a specified minimum value. Work will not commence until the required deposit or full payment has been received and cleared.

3.2 Non-Refundable Deposit

All deposits are strictly non-refundable once work has commenced. The deposit covers initial planning, research, consultation time, resource allocation, and project setup. By making a deposit payment, you acknowledge and agree that this payment is non-refundable regardless of whether you choose to continue the project.

3.3 Final Payment

The remaining balance is due upon project completion and prior to final delivery of files, website launch, or handover of any deliverables. WebAgencyUS reserves the right to withhold delivery of final work until all outstanding balances are paid in full.

3.4 Late Payments

Invoices not paid within fourteen (14) days of the due date may incur a late fee of 1.5% per month on the outstanding balance. WebAgencyUS reserves the right to suspend all work and services until overdue amounts are settled in full.

3.5 Accepted Payment Methods

Payment methods will be communicated at the time of engagement. All prices are in US Dollars (USD) unless otherwise stated.

4. Revision Policy

4.1 Included Revisions

Each project or service package includes two (2) to three (3) rounds of revisions as specified in the project proposal or Quick Services listing. A "revision" is defined as minor adjustments to existing work within the originally agreed scope. Revisions must be submitted in writing (email or WhatsApp) in a single consolidated list per round.

4.2 Additional Revisions

Revision requests exceeding the included rounds, or requests that constitute new work or changes to the original scope, will be billed at our current hourly rate of $75 USD per hour, or as otherwise quoted. Additional revision work will not begin until approved and paid for.

4.3 Scope of Revisions

Revisions are limited to adjustments within the originally agreed scope of work. Requests for new features, additional pages, new functionality, or significant design changes beyond the original brief are considered new work and will require a separate quote and agreement.

5. Client Responsibilities

5.1 Timely Provision of Materials

The Client agrees to provide all required materials, content, assets, login credentials, brand guidelines, and feedback in a timely manner as requested by WebAgencyUS. This includes, but is not limited to, text content, images, logos, videos, and any third-party account access required to complete the project.

5.2 Accuracy of Information

The Client is solely responsible for the accuracy, legality, and appropriateness of all content, information, and materials provided to WebAgencyUS. We are not responsible for errors, inaccuracies, or legal issues arising from Client-provided content.

5.3 Designated Point of Contact

The Client agrees to maintain a designated point of contact who has authority to approve work, request revisions, and make project decisions. Delays caused by multiple conflicting stakeholders are the Client's responsibility.

5.4 Timely Feedback and Approvals

The Client agrees to provide feedback and approvals within seven (7) business days of receiving work for review, unless otherwise agreed in writing. Once the Client approves a deliverable, that deliverable is deemed final and accepted. Changes requested after approval may incur additional charges.

6. Project Timeline

6.1 Estimated Timelines

All project timelines and delivery dates provided by WebAgencyUS are good-faith estimates only and are not guaranteed delivery dates unless explicitly stated in writing as a fixed deadline with mutual agreement. Timelines begin only after receipt of the required deposit and all necessary project materials from the Client.

6.2 Client-Caused Delays

WebAgencyUS shall not be held responsible for project delays caused by: late delivery of Client materials, delayed feedback or approvals, Client requested scope changes, or any other Client-side delays. When Client-caused delays occur, the original timeline is automatically voided and a new timeline will be established based on when the required items are received.

6.3 Force Majeure

WebAgencyUS shall not be liable for delays or failures caused by circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, internet or infrastructure outages, or third-party platform failures.

7. Intellectual Property

7.1 Ownership Transfer

Upon receipt of full and final payment of all amounts owed, WebAgencyUS assigns to the Client all rights, title, and interest in the final deliverables created specifically and exclusively for the Client under that project. No rights are transferred until full payment is received.

7.2 Retained Rights

WebAgencyUS retains ownership of all work, code, designs, and deliverables until full payment is received. WebAgencyUS also retains all rights to any proprietary tools, frameworks, methodologies, templates, and pre-existing intellectual property used in delivering services. General-purpose code libraries, frameworks, and tools remain the property of WebAgencyUS or their respective owners.

7.3 Portfolio Rights

WebAgencyUS retains the perpetual right to display completed work in its portfolio, case studies, marketing materials, and social media for promotional purposes, unless the Client submits a written request for confidentiality prior to project commencement. We will never disclose confidential business information in portfolio presentations.

7.4 Third-Party Assets

The Client is responsible for obtaining proper licenses for any third-party assets (stock images, fonts, plugins, software) incorporated into their project. WebAgencyUS is not responsible for copyright infringement arising from Client-requested use of third-party materials.

8. Third-Party Platforms and Tools

8.1 No Control Over Third Parties

Many of our services involve third-party platforms, tools, and services including but not limited to Google Ads, Meta (Facebook/Instagram) Ads, Google Search Console, WordPress, Shopify, hosting providers, domain registrars, email marketing platforms, CRM systems, social media platforms, and AI tool providers.

8.2 Third-Party Policy Changes

WebAgencyUS has no control over and accepts no liability for changes to third-party platform policies, pricing, algorithms, terms of service, account suspensions, feature deprecations, or service discontinuations. Such changes may affect the performance, functionality, or viability of services we have delivered, and WebAgencyUS shall not be responsible for any resulting impact.

8.3 Account Access and Security

When the Client provides access to third-party accounts, the Client remains the account owner and is responsible for maintaining secure credentials and overall account security. WebAgencyUS is not liable for account bans, suspensions, or restrictions imposed by third-party platforms on Client accounts.

9. No Guarantee of Results

9.1 Marketing and SEO Services

WebAgencyUS makes no guarantees of specific results for any digital marketing, SEO, paid advertising, or social media services. All marketing outcomes are influenced by factors outside our control including but not limited to: search engine algorithm changes, competitor activity, market conditions, advertising platform policy changes, budget levels, industry seasonality, and the quality of the Client's product or service offering.

9.2 SEO Rankings

We do not guarantee specific search engine rankings, positions, or placements on Google or any other search engine. SEO is a long-term strategy and results vary based on numerous factors beyond our control. Any ranking projections provided are estimates only and are not contractual commitments.

9.3 Advertising Performance

We do not guarantee specific return on ad spend (ROAS), cost per lead, conversion rates, or revenue from paid advertising campaigns. Ad performance depends on factors including but not limited to market competition, audience behavior, product-market fit, landing page quality, and platform algorithm changes.

9.4 AI Automation

AI-powered services and automation tools are provided as-is and are subject to the limitations and changes of the underlying AI platforms. Results from AI automation may vary and are not guaranteed. Third-party AI platform outages, policy changes, or capability limitations are outside our control.

10. Refund Policy

10.1 General Policy

All sales are final. Due to the custom, time-intensive, and intangible nature of our services, refunds are generally not provided once work has commenced.

10.2 Deposit Refunds

Deposits are non-refundable under any circumstances once work has begun. If a Client cancels before any work has started and within 48 hours of payment, a full refund may be considered at our sole discretion, minus any applicable processing fees.

10.3 Partial Refunds

In exceptional circumstances where WebAgencyUS is unable to complete the agreed scope through no fault of the Client, a partial refund may be issued for the undelivered portion of work, calculated on a pro-rata basis of work completed. This determination is made solely at the discretion of WebAgencyUS.

10.4 No Refunds for Dissatisfaction

Refunds will not be issued based on subjective dissatisfaction with design aesthetics or creative direction, provided that WebAgencyUS has delivered work consistent with the agreed scope and incorporated all included revision rounds. We are committed to working with Clients through the revision process to reach satisfactory results.

11. Project Cancellation and Abandonment

11.1 Client-Initiated Cancellation

If the Client chooses to cancel a project after work has commenced, any deposit paid is forfeited and non-refundable. If work completed at the time of cancellation exceeds the deposit amount, the Client agrees to pay for all work completed up to the cancellation date at our standard hourly rate.

11.2 Project Abandonment

A project is considered abandoned if the Client fails to respond to communications from WebAgencyUS for thirty (30) consecutive calendar days. Upon abandonment, any deposits paid are forfeited, work in progress may be archived or deleted, and WebAgencyUS reserves the right to close the project without further notice or obligation.

11.3 WebAgencyUS-Initiated Cancellation

WebAgencyUS reserves the right to cancel a project if the Client engages in abusive, threatening, or unlawful behavior, fails to make required payments, or requests illegal or unethical work. In such cases, any work completed will be billed and payment is due before any files are released.

12. Limitation of Liability

To the maximum extent permitted by applicable law, WebAgencyUS LLC, its members, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, or loss of goodwill, arising out of or in connection with our services, even if WebAgencyUS has been advised of the possibility of such damages.

WebAgencyUS's total cumulative liability to any Client for any claims arising from a specific project or engagement shall not exceed the total amount actually paid by the Client to WebAgencyUS for that specific project or service.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

13. Indemnification

The Client agrees to defend, indemnify, and hold harmless WebAgencyUS LLC, its members, officers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• The Client's violation of these Terms of Service
• Any content, materials, or information provided by the Client
• The Client's infringement of any intellectual property or other rights of any third party
• The Client's use or misuse of deliverables after project handover
• Any claims by third parties arising from the Client's products, services, or business practices

14. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement, including but not limited to business strategies, financial information, client lists, technical processes, and project details. This obligation survives the termination of the project or these Terms.

WebAgencyUS will not disclose Client business information to third parties without written consent, except as required by law or to subcontractors directly involved in delivering the agreed services, who are themselves bound by confidentiality obligations.

15. Warranties and Representations

The Client represents and warrants that:

• They have full authority to enter into this agreement
• All materials provided to WebAgencyUS do not infringe upon any third-party rights
• The Client's business, products, and services comply with all applicable laws and regulations
• The Client will not use WebAgencyUS services for any unlawful, fraudulent, or unethical purpose

WebAgencyUS provides services on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the fitness for a particular purpose or the achievement of specific business outcomes.

16. Dispute Resolution

16.1 Good Faith Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, both parties agree to first attempt to resolve the matter in good faith through direct communication within thirty (30) days of the dispute arising.

16.2 Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law provisions.

16.3 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Montana, and the parties hereby consent to the personal jurisdiction and venue of such courts.

17. Modifications to Terms

WebAgencyUS reserves the right to modify these Terms of Service at any time. Updated Terms will be posted on this page with a revised "Last Updated" date. Continued use of our services or website after any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.

19. Entire Agreement

These Terms of Service, together with any project-specific proposals or agreements, constitute the entire agreement between the Client and WebAgencyUS LLC with respect to the subject matter herein and supersede all prior agreements, representations, and understandings, whether written or oral.

20. Contact Information

For questions, concerns, or disputes regarding these Terms of Service, please contact us: