WebbyK™ Terms of Use and Service (US)

Last updated: 15-11-2025

These Terms of Use and Service (“Terms”) govern your access to and use of the WebbyK™ website located at https://webbyk.com (the “Site”) and any related services provided by WebbyK (collectively, the “Services”).

By visiting our Site, requesting a quote, signing a proposal, or using any of our Services, you agree to be bound by these Terms.
If you do not agree, you must not use the Site or our Services.

1. Who We Are

WebbyK™ (“WebbyK”, “we”, “us”, or “our”) is a US-based digital agency registered in the State of Florida. We provide, among other things:

Web development and design
Web management and hosting advisory
SEO and digital marketing support
Related consulting and optimization services

Legal Entity Name: WebbyK™
State of Registration: Florida
Mailing Address: 8620 SW 212th Street, Miami, FL, United States
Email: info@webbyk.com

More details about how we collect and use personal information are described in our Privacy Policy, available at: https://webbyk.com/privacy-policy/

2. Scope of These Terms

These Terms apply to:

Visitors to our Site
Prospective and current clients of WebbyK
Any person who communicates or interacts with us via email, phone, forms, or other channels in relation to our Services

If you sign a separate agreement with WebbyK (for example, a proposal, Statement of Work (SOW), Master Services Agreement, or individual contract), that agreement will govern where it conflicts with these Terms. These Terms apply in addition to any such agreement and to the extent not expressly modified by it.

3. Eligibility and Acceptance

3.1 Age and capacity
You may use our Site and Services only if you:

Are at least 18 years old (or the age of legal majority in your jurisdiction), and
Have the legal capacity and authority to enter into a binding contract.

By using the Site or Services, you represent and warrant that you meet these requirements.

3.2 Acceptance of the Terms
You accept these Terms when you:

Access or browse the Site;
Submit any form, request a quote, or contact us;
Sign or electronically accept a proposal or SOW that incorporates these Terms by reference; or
Otherwise use the Services.

If you are using the Services on behalf of a company or other legal entity, you represent that you are authorized to accept these Terms on its behalf. In that case, all references to “you” or “your” refer to that entity.

4. Our Services

WebbyK provides professional digital services including, without limitation:

Design and development of websites and digital experiences;
Website management and consulting regarding hosting and infrastructure (third-party hosting is usually contracted by the client);
Search engine optimization (SEO), content optimization, and related digital marketing support;
Advisory and consulting on digital strategy and performance.

The exact scope, deliverables, pricing, and timelines for any project are defined in the proposal, SOW, or written agreement between you and WebbyK.

We may update, enhance, or modify our Services from time to time. Where a change materially affects ongoing contracted services, we will make reasonable efforts to notify you.

5. Website Use and Accounts

5.1 General use of the Site
You may use the Site for lawful purposes only, such as:

Learning about WebbyK and our services;
Requesting a quote or consultation;
Contacting us for support or business inquiries.

5.2 Accounts and portals (if applicable)
If we provide you with access to a client portal or any password-protected area:

You must keep your login credentials confidential;
You are responsible for all activity conducted under your account;
You must promptly notify us of any unauthorized use or suspected security breach.

We may suspend or disable an account if we reasonably believe it is compromised, used in violation of these Terms, or used in a way that may cause harm.

6. Proposals, Fees, and Payments

6.1 Proposals and Statements of Work
Before starting a project, WebbyK may issue a written proposal or SOW describing the services, deliverables, timeline, and fees. A proposal is deemed accepted when you sign it (physically or electronically) or otherwise clearly indicate your acceptance in writing.

6.2 Fees and billing
Fees for our Services are described in the applicable proposal, SOW, or written agreement. Unless stated otherwise:

Fees are quoted in US Dollars (USD);
Fees are exclusive of taxes, which you are responsible for where applicable;
Invoices are due within [X] days from the date of issue.

6.3 Late payments
If you fail to pay any invoice by the due date, we may, without limiting any other rights:

Charge interest on overdue amounts at a reasonable rate permitted by law;
Suspend ongoing work or delivery of Services until payment is received;
Withhold handover of final deliverables until all outstanding amounts are paid.

6.4 Non-refundable amounts
Unless explicitly stated otherwise in a separate written agreement and except where required by law, fees and deposits paid to WebbyK are non-refundable, including if you choose to cancel or change the scope after we have begun work.

7. Your Responsibilities as a Client

When you engage WebbyK to perform Services, you agree to:

Provide accurate and complete information about your business, preferences, and project requirements;
Supply content, brand assets, approvals, and any necessary access (e.g., to your hosting, domain, CMS, or analytics tools) in a timely manner;
Ensure that any materials you provide (text, images, video, logos, code, etc.) do not infringe the rights of third parties and comply with applicable laws;
Review and approve drafts, deliverables, and test versions within reasonable timeframes so that we can meet agreed timelines.

Delays in providing information, approvals, or access may result in delays in delivery, and WebbyK will not be responsible for such delays.

8. Third-Party Services, Hosting, and Tools

Our Services often involve integrating or working with third-party platforms and tools (for example, hosting providers, CMSs, analytics services, email marketing tools, or marketing platforms).

You remain subject to the terms and policies of those third parties (including their own privacy policies, acceptable use policies, and payment terms).
WebbyK is not responsible for the availability, performance, security, or terms of third-party services that we do not own or control.
We may recommend third-party providers, but those recommendations are provided “as is” and do not constitute a warranty or guarantee of performance.

Where we manage or configure third-party services on your behalf, we do so as your service provider and in accordance with your instructions and our agreements.

9. Intellectual Property

9.1 WebbyK’s pre-existing IP

WebbyK retains all rights, title, and interest in and to:

Our proprietary methods, processes, templates, frameworks, and know-how;
Our internal tools, code libraries, and components used to deliver Services;
The WebbyK brand, trademarks, logos, and Site content (except for content you provide).

Nothing in these Terms grants you any ownership in WebbyK’s intellectual property. Where appropriate, we grant you a limited license to use certain components solely as part of the deliverables we create for you.

9.2 Your materials

You retain all rights in your pre-existing materials, including your brand, logos, content, and data (“Client Materials”). You grant WebbyK a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Materials solely as needed to provide the Services.

You are responsible for ensuring that your Client Materials do not infringe any third-party rights or violate any laws.

9.3 Project deliverables

Unless otherwise stated in the applicable proposal or written agreement:

Upon full payment of all fees due for a specific project, WebbyK grants you a non-exclusive, perpetual, worldwide license to use the final deliverables created for you (for example, website layouts, designs, and front-end code) for your own business purposes.
WebbyK may retain ownership of underlying source files, templates, and reusable components used to produce those deliverables, and may reuse such elements in future projects.

9.4 Portfolio rights

You agree that WebbyK may:

Display your project, logo, and high-level description of the work in our portfolio, case studies, and marketing materials, online or offline,
Unless you expressly request in writing that we keep the engagement confidential (for example, due to NDA or stealth mode).

We will not disclose confidential business information beyond what is reasonably needed for portfolio purposes.

10. Acceptable Use and Prohibited Conduct

You agree not to use the Site or Services to:

Violate any applicable law or regulation;
Infringe or misappropriate any intellectual property or privacy rights;
Upload or transmit viruses, malware, or any harmful code;
Attempt to gain unauthorized access to any systems or accounts;
Scrape, crawl, or harvest content from the Site in an automated way beyond what is reasonably necessary and allowed by applicable law;
Use our Services to support illegal, abusive, fraudulent, or deceptive activities.

We may suspend or terminate access to the Site or Services if we, in our reasonable judgment, believe that your use violates these Terms or presents a risk of harm.

11. Privacy and Data Protection

Your use of the Site and our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect personal information. Please review it carefully: https://webbyk.com/privacy-policy/

11.1 Data we collect as a business

As described in our Privacy Policy, we collect personal information about:

Visitors to our Site;
Prospective and current clients;
Individuals who communicate with us.

We use that information for purposes such as providing Services, communicating with you, improving our offerings, and complying with legal obligations. We do not sell your personal information.

11.2 Data we process on behalf of clients

As part of our Services, we may store or process information collected by our clients from their own users (for example, form submissions or email sign-ups on your website). In such cases:

You, as the client, determine what data is collected and how it is used;
WebbyK processes that information only to provide Services to you, as described in your agreement and in our Privacy Policy;
If you are an end user of one of our clients, you should contact that client directly to exercise privacy rights; we may assist them in responding to such requests.

If you need a specific data processing addendum or similar (for example, to meet certain regulatory or contractual requirements), this must be agreed in writing.

12. Security

We implement reasonable technical, organizational, and administrative safeguards to protect information we handle, as described in our Privacy Policy. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

You are responsible for:

Using strong, unique passwords for any accounts related to our Services;
Limiting sharing of sensitive information via unsecured channels;
Notifying us promptly if you suspect any unauthorized access related to our Services.

13. Disclaimer of Warranties

To the fullest extent permitted by applicable law:

The Site and Services are provided “as is” and “as available”, with no warranties of any kind, whether express, implied, or statutory.
WebbyK expressly disclaims all implied warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that:

The Site or Services will be uninterrupted, secure, or error-free;
Any defects or errors will be corrected;
Specific results, rankings, revenue, or performance will be achieved (for example, SEO or marketing results depend on many factors outside our control).

Any estimates, projections, or suggestions we provide are for informational purposes only and do not constitute guarantees.

14. Limitation of Liability

To the fullest extent permitted by applicable law:

Exclusion of certain damages
WebbyK will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, goodwill, or data, even if you have been advised of the possibility of such damages.

Cap on direct damages
WebbyK’s total aggregate liability for any and all claims arising out of or relating to these Terms, the Site, or the Services (whether in contract, tort, negligence, strict liability, or otherwise) will be limited to the greater of:

- The total amount you have paid to WebbyK for the specific Services giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim; or
- USD $500.00.

Exceptions
Some jurisdictions do not allow certain disclaimers or limitations of liability. In those cases, the above limitations will apply to the maximum extent permitted by law.

Nothing in these Terms seeks to limit liability that cannot be limited under applicable law.

15. Indemnification

Except where prohibited by law, you agree to indemnify, defend, and hold harmless WebbyK and its owners, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your use of the Site or Services;
Your violation of these Terms or of any applicable law;
Any materials, content, or data you provide (including Client Materials);
Your website(s) or digital assets that we work on at your request.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

16. Term and Termination

These Terms apply while you access the Site or use our Services.

We may, at any time and without liability to you:

Suspend or terminate your access to the Site or any account;
Decline or discontinue Services, particularly where you fail to pay, breach these Terms, or engage in unlawful or abusive behavior.

You may terminate a project or engagement as provided in the applicable proposal or agreement. Termination does not relieve you of the obligation to pay for Services already performed or committed.

Provisions that by their nature should survive termination (including but not limited to intellectual property, confidentiality, limitations of liability, indemnity, and governing law) will continue in effect.

17. Changes to the Site, Services, or Terms

We may update or modify:

The Site or its content;
Features of the Services;
These Terms.

When we make material changes to these Terms, we will update the “Last updated” date at the top and may provide additional notice (for example, via a notice on the Site or by email if you are an active client).

Your continued use of the Site or Services after the effective date of any changes means that you accept the revised Terms.

18. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or related to them, the Site, or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.

You agree that:

Any legal action or proceeding arising out of or related to these Terms, the Site, or the Services will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida; and
You submit to the personal jurisdiction and venue of those courts.

19. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy and any applicable proposal or written agreement, constitute the entire agreement between you and WebbyK regarding your use of the Site and Services.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
Headings. Section headings are for convenience only and do not affect interpretation.