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Terms of service.

Effective May 18, 2026. The ground rules for using this site and for any work we do together. Governing law: Texas. Forum: Harris County, Texas.

1. Who these terms are between

These Terms of Service ("Terms") are a binding legal agreement between you ("you" or "Client") and WebKing Marketing Services, a Texas-based digital marketing agency operating from Harris County, Texas ("WebKing", "we", "us"). They govern your use of www.webking.com (the "Site"), the WebKing client portals, the WebKing wizard chat, the WebKing admin and intake tools, and any marketing services we provide to you under a separate engagement letter, statement of work, proposal, order form, or invoice (each, an "SOW"). If you do not agree to these Terms, do not use the Site or engage us.

2. Acceptance

You accept these Terms when you (a) use any part of the Site or our wizard chat, (b) submit an inquiry to us, (c) sign or otherwise approve an SOW, or (d) pay an invoice. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" and "Client" refer to that entity.

3. The services

We provide digital marketing services, which may include Google Ads management, search engine optimization (including AI and answer-engine optimization), website design and development, conversion rate optimization, social media management, content production, email marketing, and custom software, automations, and AI tooling. The specific scope, deliverables, timeline, fees, and any service-level commitments for your engagement are described in your SOW. The SOW controls if it conflicts with these Terms.

4. Fees, billing, and ad spend

  • Fees. You agree to pay the fees stated in your SOW. Unless the SOW says otherwise, fees are quoted in US dollars and are exclusive of taxes (you are responsible for any sales, use, or similar tax other than taxes on our income).
  • Invoicing. We invoice on the schedule stated in the SOW (typically monthly in advance for retainers, or on milestone delivery for projects). Invoices are due net fifteen (15) days unless the SOW specifies otherwise.
  • Late payment. Past-due amounts accrue interest at one and one half percent (1.5%) per month or the maximum rate permitted by Texas law, whichever is lower. If an invoice is more than thirty (30) days past due, we may suspend work and pause campaigns on notice.
  • Ad spend and third-party costs. Ad spend on Google, Meta, Microsoft, LinkedIn, TikTok, or any other ad platform is your responsibility and is typically billed by the platform to a credit card on file in your account. Where we advance ad spend, hosting, software licenses, stock media, or other third-party costs on your behalf, we pass them through at cost and add them to your next invoice.
  • Refunds. Fees for services already performed are non-refundable. Pre-paid amounts for services not yet performed are refundable on termination as described in Section 11.

5. Your responsibilities

You agree to:

  • Provide accurate information, content, brand assets, login credentials, and access we reasonably need to perform the work.
  • Review and approve our deliverables within the timeframe stated in the SOW (default ten (10) business days). Failure to respond within that window is deemed approval.
  • Pre-fund or maintain a valid payment method on file with each ad platform we manage on your behalf.
  • Comply with all platform terms of service (Google, Meta, Microsoft, LinkedIn, TikTok, and others) and with all applicable laws including CAN-SPAM, TCPA, COPPA, ADA, the Texas Business and Commerce Code, and all state and federal advertising laws.
  • Not give us material, lists, or instructions that would violate the law, infringe a third party's rights, or violate platform policy.
  • Notify us promptly of any change to your business, brand, regulatory status, or contact information that could affect the work.

6. Performance disclaimers

Marketing produces probable outcomes, not guaranteed outcomes. Search rankings, ad performance, click-through rates, conversion rates, revenue, return on ad spend, and similar metrics depend on factors outside our control, including platform algorithms (which change without notice), competitor behavior, the quality of your product or offer, your pricing, your reputation, market conditions, seasonality, your operational follow-through on leads, and the platforms' own decisions to approve, suspend, or modify accounts and campaigns. Unless an SOW says otherwise in writing and signed by an authorized WebKing officer, we do not guarantee any specific ranking, traffic volume, lead volume, conversion rate, revenue, or return on investment, and we do not guarantee any specific timeline to results. Past results from our other engagements do not predict future results for yours.

7. Intellectual property

  • Your content. You retain all rights in content, logos, brand assets, and other materials you provide to us. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display that content as reasonably needed to perform the services.
  • Final deliverables. Upon full payment of all fees due for an engagement, we assign to you the intellectual property rights in the final deliverables we produce specifically for you under that engagement (ad copy, landing pages, custom artwork, custom code, written content, and similar). Until full payment, you have a limited license to use the deliverables only for evaluation and approval.
  • WebKing-retained materials. We retain all rights in our pre-existing intellectual property, our processes, methodologies, internal tooling, design system, code libraries, AI prompt libraries, templates, frameworks, and any general know-how. To the extent any final deliverable embeds or depends on this retained material, we grant you a non-exclusive, perpetual, worldwide, royalty-free license to use it as part of the deliverable.
  • Open-source and third-party components. Deliverables may include open-source or third-party components governed by their own licenses (for example, MIT or Apache licensed code, fonts, or stock imagery). You agree to comply with those licenses.
  • Portfolio and case study. We may identify you as a client and describe and display (in non-confidential terms) the work we did, the metrics it produced, and a logo or screenshot, for the purposes of marketing WebKing. You can opt out by emailing privacy@webking.com at any time and we will remove the material within a reasonable period.

8. Ad-platform accounts

You own your Google Ads, Meta Business, Microsoft Advertising, LinkedIn Campaign Manager, TikTok Ads, and any other ad-platform accounts that pertain to your business, even when WebKing creates them on your behalf. We will have manager-level access for the duration of the engagement, and on termination we will hand over administrator access to you and remove our access.

9. Confidentiality

Each party may receive non-public information from the other party that is marked or that a reasonable person would understand to be confidential ("Confidential Information"). Each party agrees to use Confidential Information only to perform under these Terms and the SOW, to protect it with the same care it uses to protect its own (and at least reasonable care), and not to disclose it to anyone other than employees, contractors, and advisors who need to know and who are bound by similar confidentiality obligations. Confidential Information does not include information that is public, was already known, is independently developed, or is rightfully received from a third party without restriction. Either party may disclose Confidential Information when legally compelled, with reasonable notice to the other party where permitted.

10. Data and privacy

Our handling of personal information is described in our Privacy Policy. Where we process personal data on your behalf (for example, processing your customer email list in a campaign), we act as your service provider or processor and we will, on request, enter into a data processing addendum reflecting CCPA, TDPSA, GDPR, and similar requirements.

11. Term and termination

  • Term. Engagements run for the term stated in the SOW. If no term is stated, the engagement is month-to-month.
  • Termination for convenience. Either party may terminate a month-to-month engagement at the end of any calendar month by giving the other party at least thirty (30) days' written notice. Fixed-term engagements may be terminated for convenience only as the SOW provides.
  • Termination for cause. Either party may terminate for cause if the other party materially breaches these Terms or the SOW and fails to cure the breach within fifteen (15) days after written notice describing it (or immediately, in the case of a breach that by its nature cannot be cured, including a payment default after the grace period).
  • Effect of termination. You pay for all services performed and reimbursable costs incurred through the effective date of termination. We deliver any final deliverables that have been paid for. Each party returns or destroys the other's Confidential Information on request. The provisions that by their nature should survive termination do survive (including IP, confidentiality, indemnification, limitation of liability, governing law, and dispute resolution).

12. Warranties and disclaimer

WebKing warranty. We warrant that we will perform the services in a professional and workmanlike manner consistent with generally accepted industry standards. Your sole and exclusive remedy for a breach of this warranty is, at our option, to re-perform the affected services or refund the fees you paid for them.

Disclaimer. Except for the express warranty above, the Site, the wizard chat, the client portals, and all services and deliverables are provided "as is" and "as available". To the maximum extent permitted by law, WebKing disclaims all other warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, quiet enjoyment, and any warranty arising out of course of dealing or trade usage.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, or loss of goodwill, arising out of or in connection with these Terms or the services, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose. WebKing's total cumulative liability arising out of or in connection with these Terms, any SOW, or the services will not exceed the greater of (a) the fees you paid us in the three (3) months immediately preceding the event giving rise to liability, or (b) one thousand US dollars (US

,000). The limitations in this section do not apply to a party's indemnification obligations, breach of confidentiality, infringement of the other party's intellectual property, gross negligence, willful misconduct, or any liability that cannot be limited under applicable Texas law.

14. Indemnification

  • By you. You will defend, indemnify, and hold harmless WebKing and its owners, employees, and contractors from and against any third-party claim, demand, suit, or proceeding ("Claim"), and any damages, settlement amounts, and reasonable attorneys' fees we incur, arising out of (a) content, instructions, data, or materials you provide to us, (b) your use of any deliverable in a way that violates the law, infringes a third party's rights, or violates a platform's terms, (c) any product, service, or representation you make to your customers, or (d) your breach of these Terms or the SOW.
  • By WebKing. We will defend, indemnify, and hold harmless Client from any Claim alleging that a final deliverable, as we delivered it and used in accordance with these Terms, infringes a US patent, copyright, or trademark of a third party. If a deliverable becomes the subject of a Claim, we may at our option (i) procure the right to continue using it, (ii) modify it to be non-infringing while maintaining substantially equivalent functionality, or (iii) replace it with a non-infringing equivalent. If none of these are commercially reasonable, we will refund the fees paid for the affected deliverable. This is our entire liability and your sole remedy for IP infringement Claims.
  • Process. The party seeking indemnification must give the other prompt written notice of the Claim, allow the indemnifying party to control the defense and settlement (provided that no settlement that imposes any obligation on the indemnified party may be made without the indemnified party's prior written consent, not to be unreasonably withheld), and provide reasonable cooperation.

15. Anti-spam, telemarketing, and unsolicited contact

You will not provide us with email lists, phone lists, or other contact lists that were harvested, purchased without permission to email, or otherwise not lawfully obtained for marketing use. You will comply with CAN-SPAM, TCPA, Texas Business and Commerce Code Chapter 305 (Texas anti-spam law), and all comparable state and federal laws when launching campaigns through us. You authorize us to honor unsubscribe and do-not-call requests on your behalf.

16. Independent contractor

We are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship. Neither party has authority to bind the other other than as expressly provided in an SOW or written authorization.

17. Force majeure

Neither party is liable for any delay or failure in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, public health emergencies, fire, flood, hurricane, severe weather, labor action, supply-chain failure, internet or cloud provider outage, ad-platform suspension or policy change, or denial-of-service attack.

18. Notices

Notices to WebKing must be sent to legal@webking.com, with a copy to help@webking.com. Notices to Client may be sent to the email address on file for the engagement. Notices are deemed given on the next business day after sending if no bounce is received.

19. Governing law and forum

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The exclusive forum for any dispute that is not subject to arbitration under Section 20 is the state or federal courts located in Harris County, Texas, and each party consents to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Dispute resolution and arbitration

  • Informal resolution first. Before filing any formal proceeding, the parties will try in good faith to resolve any dispute through direct discussion for at least thirty (30) days after written notice of the dispute.
  • Arbitration. If the dispute is not resolved through informal discussion, it will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Harris County, Texas, in English, before one (1) arbitrator. Judgment on the award may be entered in any court with jurisdiction.
  • Carve-outs. Either party may bring an individual claim in small-claims court in Harris County, Texas if it qualifies, and either party may seek interim or injunctive relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information without first proceeding to arbitration.
  • No class proceedings. Disputes will be brought only in the parties' individual capacities. The parties waive any right to bring or participate in a class, collective, or representative proceeding to the maximum extent permitted by law.
  • Jury waiver. To the maximum extent permitted by law, each party waives any right to a jury trial.
  • Time limit. Any claim arising out of or related to these Terms must be brought within one (1) year after the claim accrues, or it is permanently barred, except where applicable law prohibits such a limitation.

21. Acceptable use of the Site and the wizard chat

You agree not to:

  • Scrape, crawl, or harvest the Site by automated means other than well-behaved search-engine crawlers obeying robots.txt.
  • Probe, attack, or attempt to gain unauthorized access to any part of the Site, the client portals, the admin tools, or our backend infrastructure.
  • Submit content to the wizard chat or to any form that is unlawful, defamatory, harassing, infringing, malicious, or that contains another person's personal information that you do not have the right to share.
  • Use the Site, the wizard, or any deliverable to mislead, defraud, or harm any person.
  • Resell, sublicense, or commercially exploit the Site or our content without our prior written permission.

We may suspend or terminate your access to the Site or the wizard chat at any time, with or without notice, for any conduct we reasonably determine violates these Terms or harms other users, our service, or third parties.

22. DMCA

We respect intellectual property rights. If you believe content on the Site infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c)(3) to our DMCA agent at dmca@webking.com. We will respond as required by the Digital Millennium Copyright Act.

23. Export and sanctions

You represent that you are not located in, and will not use the Site or our services from, a country or for a person subject to United States sanctions or export controls. You will not export, re-export, or transfer any deliverable in violation of US export laws.

24. Assignment

You may not assign these Terms or any SOW without our prior written consent, except to a successor in interest in a merger, acquisition, reorganization, or sale of substantially all of your assets. We may assign these Terms or any SOW to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets. Any attempted assignment in violation of this section is void.

25. Changes to these Terms

We may update these Terms from time to time. The "Effective" date at the top tells you when the current version was published. If we make material changes that affect existing engagements, we will notify you by email or through the Site at least thirty (30) days before they take effect. Continued use of the Site or the services after that date constitutes acceptance.

26. Miscellaneous

  • Entire agreement. These Terms, together with the Privacy Policy and any SOW you sign or approve, are the entire agreement between you and WebKing about the subject matter and supersede all prior or contemporaneous discussions, proposals, and agreements.
  • Order of precedence. If there is a conflict, the order of precedence is (1) the SOW, (2) these Terms, (3) the Privacy Policy.
  • Amendments. No amendment to these Terms or any SOW is effective unless in writing and signed (including by email) by an authorized representative of each party.
  • Waiver. A waiver of any provision is effective only if in writing and signed by the waiving party. No waiver is a continuing waiver of any subsequent breach.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision is modified to the minimum extent necessary to make it enforceable while reflecting the parties' original intent.
  • Headings. Headings are for convenience and do not affect interpretation.
  • Counterparts and signatures. Any SOW may be executed in counterparts, including by email or electronic signature, each of which is an original.

27. How to contact us

WebKing Marketing Services
Houston, Texas, United States
General: help@webking.com
Legal: legal@webking.com
Privacy: privacy@webking.com
Phone: (832) 830-6474

These Terms are provided for transparency. If you are a current client, your signed engagement letter or statement of work controls in case of any inconsistency. These Terms are not legal advice to you. Consult your own counsel about how they apply to your circumstances.