Terms of Service

1. Acceptance of Terms

By accessing the Webmarksy website, requesting a consultation, or engaging our premium web development and digital agency services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please refrain from using our custom web development, UI/UX design, and digital marketing services.

2. Scope of Services

Webmarksy provides premium digital agency services including, but not limited to:

• Custom web development (headless CMS, WordPress, Shopify, GoHighLevel)
• Premium UI/UX design and conversion-focused prototyping
• High-converting website builds optimised for lead generation and sales
• SEO strategy, on-page optimisation, and technical SEO audits
• Digital marketing consulting and performance marketing
• Ongoing website maintenance, hosting, and support retainers

The specific deliverables, timeline, and pricing for each engagement are defined in the individual Project Agreement executed between Webmarksy and the client.

3. Quotations & Pricing

All quotations provided by Webmarksy are valid for thirty (30) calendar days from the date of issue unless otherwise stated. Pricing is based on the project scope defined at the time of quotation. Any changes to the scope, features, or requirements may result in revised pricing communicated and agreed upon before work commences. All fees are quoted exclusive of applicable taxes unless explicitly stated otherwise.

4. Payment Terms

Payment terms are specified in each Project Agreement. Standard payment structure for custom web development projects:

• 50% upfront upon signing the Project Agreement to reserve capacity and begin discovery.
• 25% at midpoint upon delivery of design mockups or development milestone as defined in the project timeline.
• 25% on completion upon final delivery and client sign-off, prior to site launch.

Invoices are payable within fourteen (14) calendar days of issuance. Late payments may incur a late fee of 1.5% per month on the outstanding balance. Webmarksy reserves the right to pause or withhold deliverables until payment obligations are fulfilled.

5. Client Obligations

To ensure the successful delivery of premium UI/UX design and custom web development projects, the client agrees to:

• Provide timely access to all required assets, content, brand guidelines, credentials, and feedback.
• Designate a single point of contact with decision-making authority for the project.
• Review and provide actionable feedback within five (5) business days of each deliverable submission.
• Ensure all provided content and materials do not infringe upon third-party intellectual property rights.
• Respond to project-related communications within two (2) business days to maintain the agreed timeline.

Delays in client feedback or asset delivery may result in corresponding timeline adjustments without affecting the agreed project fee.

6. Intellectual Property & Ownership

Upon receipt of full payment, the client receives full ownership and intellectual property rights to all custom deliverables produced under the Project Agreement, including but not limited to custom web development code, premium UI/UX design files, graphic assets, and written content created specifically for the project.

Webmarksy retains the right to use project work in its professional portfolio, case studies, and marketing materials unless the client explicitly requests confidentiality in writing. Pre-existing tools, frameworks, libraries, and internal methodologies used in the delivery remain the property of Webmarksy.

7. Confidentiality

Both Webmarksy and the client agree to maintain the confidentiality of all proprietary information, business strategies, trade secrets, and unpublished content shared during the course of the engagement. This obligation survives the termination of the Project Agreement for a period of two (2) years. Neither party shall disclose confidential information to third parties without prior written consent, except as required by law.

8. Warranties & Disclaimers

Webmarksy warrants that all premium web development and UI/UX design services will be performed in a professional and workmanlike manner, consistent with industry standards for high-converting websites. We further warrant that deliverables will substantially conform to the specifications defined in the Project Agreement.

Webmarksy does not guarantee specific business outcomes, including but not limited to conversion rates, search rankings, traffic volumes, or revenue increases, as these are influenced by factors beyond our control. All warranties are limited to the original client and are non-transferable.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Webmarksy's total aggregate liability arising from or related to any engagement shall not exceed the total fees paid by the client under the applicable Project Agreement. In no event shall Webmarksy be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, even if advised of the possibility of such damages.

10. Termination

Either party may terminate a Project Agreement with fifteen (15) business days' written notice. In the event of termination by the client, all work completed up to the date of termination becomes payable, and any previously paid fees are non-refundable. In the event of termination by Webmarksy for cause - including non-payment, material breach, or failure to provide required client obligations - all outstanding fees become immediately due and payable.

Upon termination, Webmarksy will deliver all completed work and project assets to the client within ten (10) business days, provided all payment obligations have been met.

11. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to natural disasters, pandemics, government actions, power outages, internet disruptions, cyberattacks, or third-party service failures. The affected party shall notify the other promptly and use reasonable efforts to mitigate the impact.

12. Governing Law & Dispute Resolution

These Terms of Service and any Project Agreement shall be governed by and construed in accordance with the laws of Pakistan. Any disputes arising from or related to our premium web development or digital agency services shall first be attempted to be resolved through good-faith negotiation. If unresolved within thirty (30) days, disputes shall be submitted to binding arbitration under the rules of the relevant arbitration authority in Pakistan, with proceedings conducted in English.

13. Amendments

Webmarksy reserves the right to modify these Terms of Service at any time. Continued use of our custom web development, premium UI/UX design, and digital agency services following the posting of revised terms constitutes acceptance of those changes. Material amendments will be communicated to active clients via email at least seven (7) days before taking effect.

14. Contact Information

For questions regarding these Terms of Service, please contact Webmarksy:

• Email: support@webmarksy.com
• Email: nasir@webmarksy.com
• Phone: +92 3415748311