Terms Of Service

Webmark Consulting Group, LLC Terms Of Service

Last updated: September 24, 2025

These Terms of Service (“Agreement”) govern the services provided by Webmark Consulting Group, LLC (“Webmark,” “we,” “us,” or “our”) to you (“Client,” “you,” or “your”). By signing a project quote, submitting payment, using our services, or accessing our platform, you agree to these terms. If you do not agree, you may not use our services.

Definitions

“Agreement” refers to these Terms of Service, our Privacy Policy, project quotes or order forms, and any additional terms we provide to you in writing.

“Client Content” means all materials, data, documents, photos, videos, graphics, and other assets you supply for use in your project.

“Foreground IP” means intellectual property created or developed during the delivery of services under this Agreement.

“Background IP” means intellectual property owned by either party prior to this Agreement or developed independently of the services.

“Platform” means the white-labeled software services and tools we provide access to, including CRM, chatbots, and marketing tools.

“Purchased Services” are services you have agreed to and paid for under a signed quote or subscription.

“Free Services” means trial or complimentary services we may offer. These are not guaranteed and may be modified or discontinued at any time.

“Order Form” or “Quote” refers to the document outlining project scope, pricing, deliverables, and payment structure, usually provided via email.

“User” means you, your employees, or anyone else authorized by you to access our services.

“Website” refers to any site or online asset created, hosted, or managed by Webmark for you.

“Services” means all website design, development, digital marketing, consulting, strategy, training, platform access, or other deliverables provided by Webmark.

Charges and Quotations

Charges for services are defined in the project quotation sent to you by email. Quotes are valid for 30 days unless otherwise stated. We reserve the right to update or decline a quote after it expires.

All website design projects require a minimum 50 percent upfront payment, with the balance due upon project completion and before launch or file release. Additional costs such as domain registration, stock photography, or premium fonts will be itemized and billed as necessary.

Invoicing and Payments

Invoices are sent by email and are due upon receipt. A 14-day grace period is allowed before a 5 percent late fee is applied.

Payments are accepted online only, via credit card or bank transfer. Invoices over $1,000 must be paid by bank transfer or are subject to credit card processing fees.

If your payment is more than 30 days late, your account will be considered in default. We may suspend or remove your site or services and initiate collections if needed. Returned checks incur a $25 fee. You are responsible for all fees and legal costs related to late payment enforcement.

Change Control Process

If you request changes after the scope document has been approved or the design phase has begun, we will initiate a formal change request process. We’ll determine whether the request can be included under the current quote or requires additional cost. This helps keep the project on track and within budget.

Client Review and Acceptance

You’ll have the opportunity to review your website during the design process and at project completion. Unless you notify us otherwise within 10 days of delivery, the work will be deemed accepted.

Turnaround Time and Content Control

We will deliver your website by the timeline agreed in your proposal, assuming we receive your content and materials on time. You agree to provide all necessary assets, decisions, and access in a timely manner. You must designate one primary contact for project communications.

Website content, including text, images, and media, must be uploaded to the designated folder we provide. Instructions will be emailed to you.

Failure to Provide Content

If you fail to provide content on time, we may apply a surcharge of up to 25 percent. If content is not received within one week of the project start date, we reserve the right to close the project and invoice the remaining balance in full.

For SEO services, all written content must be submitted before planning can begin.

Web Browser Compatibility

We build websites to be compatible with modern browsers (Chrome, Firefox, Edge, Safari). We are not responsible for display issues caused by browser updates after delivery. Any future changes to maintain compatibility may incur additional charges.

Termination

To terminate services, you must provide written notice at least 45 days before your renewal or next billing date. Email or phone requests are not considered valid without written confirmation.

You will be invoiced for all work completed up to the termination notice date, including expenses. Final payment is due within 30 days.

Indemnity

You agree to indemnify and hold Webmark harmless from any claims, liabilities, damages, or legal actions arising from your use of our services, content you provide, or violations of this Agreement.

Intellectual Property

All Background IP remains the property of its original owner. You retain ownership of any content or materials you provide.

Webmark retains ownership of Foreground IP we create, including but not limited to code, designs, and layouts. We grant you a non-exclusive license to use these materials for your website and marketing.

You are responsible for ensuring that all content you provide has proper copyright or licensing. You grant Webmark permission to use these materials for the purpose of delivering services.

Confidentiality

Each party agrees to keep confidential any non-public business information shared during the project. This includes designs, documents, strategy, code, and technical information. Confidentiality obligations survive termination of this Agreement.

We may disclose confidential information to employees or contractors involved in the project, as needed, and subject to the same confidentiality terms.

Data Usage and Protection

We collect limited usage data to improve our services. This includes IP addresses, device information, browser type, and time spent on our website or platform. We use cookies to support functionality and improve user experience. You can disable cookies in your browser settings.

Your personal data may be stored or processed outside your country. By using our services, you consent to this transfer.

We comply with GDPR and other privacy regulations. You have the right to access, correct, or delete your personal data. Please contact us through our website to submit a request.

Standard Media Delivery

Unless otherwise specified, you must provide all photos, copy, and content digitally. Files should be high-resolution and provided in .png, .jpeg, .gif, .tiff, or other standard formats.

We will make reasonable efforts to return physical or digital media but cannot guarantee it.

Design Credit and Portfolio Rights

A small Webmark credit will appear in the footer of your website. You may request its removal for an additional fee equal to 10 percent of your project cost, or $500 for projects under $5,000.

We reserve the right to feature your project in our portfolio or promotional materials.

Third-Party Servers

Our websites are designed to function on our hosting platform. We do not guarantee compatibility with third-party servers. If you use another provider, we may charge for troubleshooting or configuration.

You must provide necessary FTP access or server credentials if using a third-party host.

Post-Launch Alterations

If you make changes to your website after delivery, we are not responsible for resulting issues. You may request alterations, and we will provide a quote.

Domain Names

We can register domain names on your behalf. You are responsible for renewing your domain on time. Failure to renew is not our responsibility.

Third-Party Products

Some solutions may include third-party tools. These are governed by their respective licenses. We are not responsible for the performance or security of third-party services.

Entire Agreement

These Terms, along with any signed quotes or order forms, represent the complete agreement between you and Webmark and override all prior communications or understandings.

Digital Marketing Terms

Digital marketing services require a minimum 3-month agreement and advance monthly payments. Service pauses if payments are missed.

Limitation of Liability

We are not liable for indirect damages, including loss of profits, data, or business opportunities. Our total liability is limited to the amount paid for the service that caused the issue.

Severability

If any provision in this Agreement is found invalid or unenforceable, the remaining terms remain in effect.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Louisiana. Any legal disputes will be handled exclusively in the courts of St. Tammany Parish, Louisiana.

Contact

For questions, legal notices, or to exercise your rights, contact: support@webmarkgroup.com
https://www.webmarkgroup.com/contact