Terms & Conditions

Last updated: March 13, 2026

These Terms & Conditions (“Agreement”) govern your access to and use of the website, platform, services, and mobile applications (collectively, the “Services”) provided by Webmark Consulting Group, LLC (“Webmark,” “we,” “us,” or “our”). This Agreement incorporates our Privacy Policy by reference.

By accessing our website, signing a project quote, submitting payment, or using our Services in any way, you (“Client,” “User,” “you,” or “your”) agree to be bound by this Agreement. If you do not agree, do not access or use our Services.

We may update these terms at any time. The “Last Updated” date reflects the most recent revision. Continued use of the Services after an update constitutes acceptance of the revised terms.

Important: This Agreement contains a limitation of liability clause, indemnification obligations, and a governing law provision. Please read carefully before using our Services.

1. DEFINITIONS

Key Terms

“Agreement” refers to these Terms & Conditions, 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, written copy, logos, trademarks, 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, communications tools, AI agents, chatbots, and marketing automation tools, which may be delivered in whole or in part through third-party platforms we use.

“Third-Party Platforms” means the external software providers and platforms Webmark uses to deliver services, whose identities we may not disclose publicly but whose privacy policies are available upon request.

“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.

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

“Services” means all website design, development, digital marketing, consulting, strategy, training, AI tools, platform access, SMS/MMS communications, or other deliverables provided by Webmark.

2. USE OF OUR WEBSITE & SERVICES

Acceptable Use

By using our website and Services, you agree not to:

• Infringe on any intellectual property, privacy, or publicity rights
• Post or transmit libelous, unlawful, offensive, abusive, hateful, or discriminatory content
• Include private or sensitive information about others without consent
• Upload or transmit viruses, malware, or any malicious code
• Impersonate another person or entity
• Use automated tools (bots, crawlers, scrapers) to access or interfere with our Services
• Interfere with or disrupt the operation of our website or systems
• Harass, intimidate, or threaten others
• Promote criminal activity or violate any applicable laws
• Send spam, bulk emails, or communications that lack lawful basis under GDPR, CAN-SPAM, or other regulations

We may suspend or terminate your access to the Services at any time, without notice, for violations of this Agreement.

Registration and Account Security

When creating or managing an account, you agree to provide accurate and complete information. You are responsible for maintaining the security of your login credentials and for all activity under your account. You accept full responsibility for any actions taken under your account.

Reporting Violations

If you believe someone is violating these terms or misusing our Services, please report it to support@webmarkgroup.com.

3. CHARGES, QUOTES & PAYMENTS

Quotes

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% 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 separately.

Invoicing and Payments

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

Digital Marketing Terms

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

4. PROJECT DELIVERY & CLIENT RESPONSIBILITIES

Change Control

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 will determine whether the request can be included under the current quote or requires additional cost.

Client Review and Acceptance

You will 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

We will deliver your project 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 and must designate one primary contact for project communications.

For website projects, all content must be provided within 14 days of the project start date. If content is not received within this window, Webmark will proceed with placeholder content in order to maintain the project timeline. Any placeholder content can be replaced as part of a website maintenance plan, which is available upon request.

For social media projects, if desired client content is not provided by the agreed deadline, Webmark will proceed with the project using licensed stock imagery and video sourced from Adobe Creative Cloud. Webmark makes no guarantees that stock content will be replaced unless a separate content provision agreement is in place.

Failure to Provide Content

If you fail to provide content on time, we may apply a surcharge of up to 25%. 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.

Post-Launch Alterations

If you make changes to your website after delivery without our involvement, we are not responsible for resulting issues. You may request alterations and we will provide a quote.

5. CLIENT CONTENT & COPYRIGHT RESPONSIBILITY

Client Ownership Warranty

By submitting any content to Webmark for use in website design, development, digital marketing, social media, advertising, or any other service, you represent and warrant that you own all rights to that content or have obtained all necessary licenses, permissions, and authorizations to use it and to authorize Webmark to use it on your behalf.

Client Content includes but is not limited to: written copy, images, photographs, logos, trademarks, trade names, videos, audio, graphics, fonts, third-party software, and any other materials you provide to Webmark for use in delivering your Services.

Client’s Sole Responsibility for Copyright Compliance

You are solely responsible for ensuring that all Client Content you provide to Webmark is free from copyright, trademark, intellectual property, privacy, publicity, or any other third-party claims. Webmark does not and cannot verify the ownership, licensing status, or legal clearance of any content provided by you.

Webmark will use Client Content in good faith based solely on your representation that you have the right to provide and use it. Webmark bears no responsibility for reviewing, auditing, or validating the legal status of any content you submit. Any legal consequences arising from the use of Client Content that infringes third-party rights are entirely your responsibility.

Indemnification for Client Content

You agree to fully indemnify, defend, and hold harmless Webmark Consulting Group, LLC, its officers, directors, employees, contractors, and agents from and against any and all claims, demands, lawsuits, damages, losses, costs, and expenses — including reasonable attorneys’ fees — arising out of or related to:

• Any claim that Client Content infringes the copyright, trademark, intellectual property, privacy, or other rights of any third party
• Your failure to obtain necessary licenses, permissions, or clearances for any content you provide
• Any misrepresentation by you regarding your ownership of or right to use any Client Content
• Any use of content that violates applicable law, including the Digital Millennium Copyright Act (DMCA)

This indemnification obligation survives the termination of this Agreement and applies regardless of whether Webmark had knowledge of the potential infringement at the time the content was used.

Webmark’s Right to Remove Content

If Webmark receives notice of a potential copyright or intellectual property claim related to Client Content, Webmark reserves the right to immediately remove, disable, or refuse to publish the disputed content without liability to you. Webmark may, but is not required to, notify you before taking such action.

6. THIRD-PARTY PLATFORMS & SERVICES

Use of White-Labeled Third-Party Platforms

Webmark delivers certain services through white-labeled third-party platforms, including but not limited to CRM systems, marketing automation tools, AI-powered communications platforms, and business management software. These platforms are integrated into and presented as part of Webmark’s own service offering. The identities of the underlying vendors are proprietary and confidential business information of Webmark and will not be disclosed.

By using our Services, you acknowledge and agree that: (a) certain features and functions may be powered by white-labeled third-party technology; (b) Webmark exercises no control over the underlying infrastructure, uptime, data security practices, or feature availability of those platforms; and (c) all data handling is governed by Webmark’s Privacy Policy.

No Liability for White-Labeled Platform Performance

WEBMARK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE, AVAILABILITY, SECURITY, OR RELIABILITY OF ANY WHITE-LABELED OR THIRD-PARTY PLATFORM USED TO DELIVER SERVICES. ANY OUTAGE, DATA LOSS, SECURITY BREACH, FEATURE CHANGE, DISCONTINUATION, OR OTHER FAILURE ORIGINATING FROM A THIRD-PARTY PLATFORM IS ENTIRELY OUTSIDE OF WEBMARK’S CONTROL AND SHALL NOT CONSTITUTE A BREACH OF THIS AGREEMENT BY WEBMARK.

Webmark will not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising from the failure, unavailability, or degraded performance of any white-labeled or third-party platform, even if Webmark has been advised of the possibility of such damages. Your sole remedy in such an event is to discontinue use of the affected service in accordance with the termination provisions of this Agreement.

Platform Changes and Discontinuation

Third-party platforms may update, modify, restrict, or discontinue features at any time without notice to Webmark. Webmark reserves the right to substitute, replace, or migrate services to a different platform at its discretion, provided that substantially equivalent functionality is maintained. Webmark will not be liable for any disruption, data migration costs, or business impact resulting from such changes.

Client Acknowledgment of Technology Stack

By engaging Webmark’s services, you expressly acknowledge that: (a) you have not been induced to enter this Agreement based on the identity of any specific underlying technology platform; (b) Webmark’s service obligations are defined solely by the deliverables in your signed quote or order form, not by the specific technology used to deliver them; and (c) Webmark retains the right to change, substitute, or update its technology stack at any time without obligation to disclose those changes to you.

Third-Party Products and Licenses

Some solutions may include third-party tools or software governed by their own licenses. You agree to comply with any applicable third-party license terms when using services that incorporate third-party software. Webmark is not responsible for the performance, security, compliance, or licensing obligations of any third-party software or service.

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, and you must provide all necessary access credentials.

7. INTELLECTUAL PROPERTY

Ownership

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, layouts, and templates. We grant you a non-exclusive, non-transferable license to use these materials solely for your website and marketing purposes.

Proprietary Rights – Website & Platform

All content on our website and within our Services — including text, graphics, code, layouts, videos, and designs — is the property of Webmark Consulting Group or its licensors and is protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive license to view and use site content solely for personal or internal business purposes. You may not copy, distribute, sell, reverse-engineer, publish, or modify any site content without prior written permission from Webmark.

Client Content

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. You retain ownership of your content but acknowledge that we may retain archived copies as needed. See Section 5 for full details on Client Content and copyright responsibility.

Design Credit and Portfolio Rights

A small Webmark credit may appear in the footer of your website. You may request its removal for an additional fee equal to 10% 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.

8. CONFIDENTIALITY

Each party agrees to keep confidential any non-public business information shared during the project, including 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, subject to the same confidentiality obligations.

9. DATA USAGE AND PROTECTION

We collect limited usage data to improve our services, including IP addresses, device information, browser type, and time spent on our website or platform. We use cookies to support functionality and improve user experience. 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 applicable privacy regulations. You have the right to access, correct, or delete your personal data. Please contact us at support@webmarkgroup.com to submit a request. For full details, see our Privacy Policy.

10. SMS / MMS COMMUNICATIONS

By providing your phone number and using our Services, you may receive SMS/MMS communications related to your account, appointments, project updates, and marketing promotions. Message and data rates may apply. You may opt out at any time by replying STOP. For full details on our SMS practices, see Section 2 of our Privacy Policy.

SMS/MMS communications are delivered through third-party platforms we use. Webmark is not liable for message delivery failures, carrier delays, or issues caused by the underlying communications platform.

11. TERMINATION

To terminate services, you must provide written notice at least 60 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 any outstanding expenses. Final payment is due within 30 days of the termination notice.

Changes to the scope, terms, or structure of an active contract also require a minimum of 60 days written notice prior to the next billing or renewal date. Verbal or informal requests for contract changes are not binding on Webmark until confirmed in writing by both parties.

We may terminate or suspend your access to the Services immediately, without prior notice, if you breach this Agreement, fail to pay invoices, or engage in conduct we determine is harmful to Webmark or other users.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Webmark Consulting Group, LLC, its officers, directors, employees, contractors, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of our Services or website
• Content you provide, upload, or transmit, including any copyright, trademark, or intellectual property infringement claims related to Client Content
• Your violation of this Agreement or any applicable law
• Your violation of any third party’s rights
• Your use of or reliance on third-party platforms accessed through our Services
• Any dispute between you and a third party

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEBMARK CONSULTING GROUP, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF OUR SERVICES, EVEN IF WEBMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WEBMARK’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEBMARK FOR THE SPECIFIC SERVICE THAT GAVE RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT.

THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, INCLUDING CLAIMS ARISING FROM THE ACTS OR OMISSIONS OF THIRD-PARTY PLATFORMS OR SERVICE PROVIDERS.

14. DISCLAIMER OF WARRANTIES

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE. WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR ANY RESULTS OR OUTCOMES FROM USE OF OUR SERVICES, INCLUDING MARKETING OR BUSINESS RESULTS.

15. 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.

16. 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. Domain registrations are subject to the terms of the applicable registrar.

17. STANDARD MEDIA DELIVERY

Unless otherwise specified, you must provide all photos, copy, and content digitally. Files should be high-resolution and in standard formats (.png, .jpeg, .gif, .tiff, etc.). We will make reasonable efforts to return physical or digital media but cannot guarantee it.

18. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

19. ENTIRE AGREEMENT

These Terms & Conditions, together with any signed quotes, order forms, and our Privacy Policy, constitute the entire agreement between you and Webmark and supersede all prior communications, representations, or understandings, whether oral or written.

20. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of the State of Louisiana, without regard to its conflict of law provisions. Any legal disputes arising under this Agreement will be handled exclusively in the courts of St. Tammany Parish, Louisiana. You consent to personal jurisdiction in such courts.

21. CONTACT

For questions, legal notices, or to exercise your rights under this Agreement, please contact:

Webmark Consulting Group, LLC
Email: support@webmarkgroup.com
Website: https://webmarkgroup.com/contact