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Terms of Service for webgency.co

Last Updated: 10.01.2025

1. Acceptance of Terms

Welcome to webgency (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your access to and use of the Webgency website located at https://webgency.co (the “Website”) and all digital marketing services (the “Services”) we provide.

By accessing our Website or engaging our Services, you (“you,” “your,” “Client”) acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you must not use our Website or Services.

2. Services Description

Webgency provides a range of digital marketing services, which may include but are not limited to:

  • Search Engine Optimization (SEO)

  • Pay-Per-Click (PPC) Advertising Management

  • Social Media Marketing & Management

  • Website Design & Development

  • Content Marketing & Creation

  • Email Marketing

  • Marketing Strategy & Consulting

The specific scope, deliverables, timelines, and fees for any Service will be detailed in a separate, mutually executed Statement of Work (SOW) or Service Agreement send to ‘you’ on email communication from only authorized accounts. In the event of a conflict between these Terms and a signed SOW, the SOW/service agreement shall prevail.

3. Client Responsibilities

To enable us to perform our Services effectively, you agree to:

  • Provide all necessary materials, content, brand assets, and access to required accounts (e.g., Google Analytics, social media logins) in a timely manner.

  • Appoint a single point of contact for streamlined communication and decision-making.

  • Review and provide feedback on deliverables within the agreed-upon timeframe to avoid project delays.

  • Ensure that all materials you provide (including text, images, and logos) do not infringe upon any third-party rights and are accurate and legally compliant.

4. Fees and Payment

  • Fees: You agree to pay all fees as specified in the applicable SOW. Fees are quoted in [e.g., US Dollars].

  • Payment Schedule: Unless otherwise stated in an SOW, services are billed [e.g., monthly in advance / upon project milestones].

  • Late Payments: Invoices are due upon receipt. A late fee of [e.g., 1.5% per month] or the maximum allowed by law, may be applied to overdue balances. We reserve the right to pause or terminate Services for non-payment.

  • Taxes: You are responsible for paying all applicable sales, use, or other taxes associated with the Services.

5. Intellectual Property

  • Client Materials: You retain all ownership of your pre-existing intellectual property, brand assets, and website content that you provide to us.

  • Webgency Materials: We retain all ownership of our pre-existing intellectual property, methodologies, tools, and know-how.

  • Deliverables: Upon full payment of all fees, we grant you a perpetual, non-exclusive license to use the final deliverables (e.g., a completed website, a marketing strategy document) created for you as part of the Services. However, we retain the right to display the deliverables in our portfolio and marketing materials.

6. Performance and Results

You acknowledge and agree that the field of digital marketing is dynamic and not an exact science. We do not guarantee specific results, such as a #1 ranking on Google, a specific number of leads, or a guaranteed ROI. Our performance is based on professional diligence and adherence to industry best practices. Results are influenced by factors outside our control, including changes to search engine algorithms, market competition, and the quality of your products/services.

7. Confidentiality

Both parties agree to hold each other’s confidential information in trust and confidence and not to disclose or use it for any purpose other than the performance of the Services. Confidential information includes business plans, customer lists, financial data, and marketing strategies.

8. Termination

  • Term: These Terms remain in effect until terminated by either party as outlined in an SOW or as specified herein.

  • For Cause: Either party may terminate an SOW for a material breach by the other party that remains uncured for 30 days after written notice.

  • Effects of Termination: Upon termination, you will pay us for all Services rendered and expenses incurred up to the termination date. We will deliver all completed deliverables to you.

9. Disclaimer of Warranties; Limitation of Liability

  • “As Is” Service: Our Website and Services are provided on an “as is” and “as available” basis without any warranties, express or implied.

  • No Consequential Damages: To the fullest extent permitted by law, in no event shall Webgency, its directors, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, or business opportunity, arising out of or related to these Terms or the Services.

  • Total Liability: Our total cumulative liability to you for any and all claims arising from the Services shall not exceed the total amount of fees you have paid to us in the six (90) days preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify and hold harmless Webgency and its affiliates from any claims, damages, or losses (including reasonable attorney fees) arising from: (a) your use of the Services; (b) your breach of these Terms; or (c) any materials you provide to us that infringe on a third party’s rights.

11. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Mexico, without regard to its conflict of law principles. Any dispute arising from these Terms shall be resolved through final and binding arbitration in Villahermosa, Mexico, in accordance with the rules of the Artículos 1415 al 1456 del Código de Comercio in Mexico, and you waive your right to a jury trial or to participate in a class-action lawsuit.

12. Miscellaneous

  • Entire Agreement: These Terms, together with any signed SOWs, constitute the entire agreement between you and Webgency.

  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

  • Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of changes by posting the new Terms on our Website. Your continued use of our Services after such posting constitutes your acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Webgency
Email: hi@webgency.co
Website: webgency.co/contact