Terms of Service (IM Web Pros)

1) Agreement to Terms

These Terms of Service (“Terms”) are a legally binding agreement between you (“you,” “your”) and IM Web Pros (“IM Web Pros,” “we,” “us,” “our”). By accessing or using our website or Services, you agree to these Terms. If you do not agree, do not use the website or Services.

2) Definitions

• “Website” means our website and related pages, forms, and content.
• “Services” means our website and any professional services we provide, including web development, digital marketing, SEO, automation, design, consulting, hosting coordination, and related services.
• “Client Agreement” means any proposal, statement of work, service agreement, or invoice terms we provide for a specific project or subscription.
• “Deliverables” means the work product we provide (such as a website, designs, ads, copy, automations, or reports).

3) Relationship Between These Terms and Client Agreements

If you purchase Services from us, the specific scope, timelines, deliverables, pricing, and payment terms are set out in the applicable Client Agreement. If there is a conflict between these Terms and a Client Agreement, the Client Agreement controls for that project.

4) Eligibility

You must be able to form a legally binding contract to use our Services. If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

5) Use of Our Website

You agree not to:

• Use the Website for unlawful, harmful, or abusive purposes
• Attempt to gain unauthorized access to systems, accounts, or data
• Interfere with the security or operation of the Website (including probing, scanning, or testing vulnerabilities)
• Use automated means to access the Website without our written permission (including scraping, bots, or mass requests)
• Upload or transmit malware, malicious code, or harmful content
• Impersonate any person or misrepresent your affiliation

We may suspend or block access for suspected violations.

6) Communications and Electronic Notices

You agree that we may communicate with you electronically (including email, text, phone, or platform messages) regarding your inquiry, project, account, billing, or notices. Notices are effective when sent to the contact information you provided.

7) Service Disclaimers (Important)

A) No guaranteed results

Marketing outcomes vary. Unless a Client Agreement explicitly states otherwise, we do not guarantee specific results, including rankings, traffic, leads, conversions, revenue, ad approval, ad performance, platform outcomes, or availability of third-party tools, APIs, or platforms.

B) Third-party platforms and tools

Many Services depend on third-party providers (for example: hosting companies, domain registrars, email/SMS carriers, CRMs, analytics, ad platforms, plugins, and payment processors). We are not responsible for third-party outages, policy changes, suspensions, pricing changes, feature changes, or account actions taken by third parties.

C) Compliance responsibility

We are not a law firm and do not provide legal advice. You are responsible for your business compliance obligations (including privacy, ADA, disclosures, TCPA/A2P messaging compliance, industry regulations, and any required licenses). We can provide templates or implementation support, but you should have counsel review compliance materials.

8) Client Responsibilities (for Projects and Ongoing Services)

To keep projects moving and reduce risk, you agree to:

• Provide timely access, materials, credentials, approvals, and feedback
• Ensure you have rights to any content you provide (logos, photos, videos, copy, music, trademarks)
• Review Deliverables and notify us promptly of issues
• Maintain backups and safe storage of your own critical business data (unless a Client Agreement specifically assigns that responsibility to us)
• Follow platform policies for your ad accounts and communications

Delays in feedback, approvals, or access may extend timelines and may require rescheduling.

9) Quotes, Scope Changes, and Change Requests

• Quotes are valid for 30 days unless stated otherwise.
• Any work outside the agreed scope may require a written change order, additional fees, and timeline updates.
• Features not listed in the scope are not included, even if they are implied or assumed.

10) Payment Terms

Specific payment terms are defined in your Client Agreement. Unless otherwise stated:

• Invoices are due upon receipt
• Deposits and setup fees are non-refundable once work begins
• We may pause or suspend Services for non-payment
• Past-due balances may incur a late fee of 1.5% per month (or the maximum allowed by law, if lower), plus reasonable collection costs

Chargebacks

Initiating a chargeback for valid, delivered, or in-progress Services is a material breach. We reserve the right to suspend work and pursue recovery of amounts owed, including reasonable costs incurred.

11) Refunds and Cancellations

Refund terms (if any) must be stated in your Client Agreement. Unless required by law or explicitly stated:

• Fees for time, work performed, retainers, and setup are non-refundable
• If you cancel a project, you are responsible for payment for work completed and any committed third-party costs

12) Intellectual Property

A) Our Website content

All content on the Website, including text, graphics, layout, branding, and code, is owned by IM Web Pros or licensed to us and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

B) Client Deliverables

Ownership of Deliverables is governed by your Client Agreement. Unless stated otherwise:

• Upon full payment, you receive a license to use the final Deliverables delivered to you
• Working files, drafts, internal tools, methods, templates, and reusable components remain our property unless explicitly transferred in writing

C) Your materials

You grant us a limited license to use your content solely to provide the Services. You represent you have the rights to provide it.

D) Portfolio rights

Unless your Client Agreement prohibits it in writing, you grant us permission to display non-confidential portions of completed work (such as screenshots, designs, and general descriptions) in our portfolio and marketing.

13) Confidentiality

If we receive confidential information from you, we will use reasonable efforts to keep it confidential and use it only to provide the Services. This does not apply to information that is public, independently developed, or lawfully obtained from another source.

14) Suspension and Termination

We may suspend or terminate access to the Website or Services if you violate these Terms, fail to pay amounts due, engage in abusive, fraudulent, or illegal activity, or if continued service would create risk to our systems, reputation, or other clients.

Upon termination, you remain responsible for amounts owed and any committed third-party costs.

15) Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• IM WEB PROS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL), EVEN IF ADVISED OF THE POSSIBILITY.
• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO IM WEB PROS FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS BEFORE THE EVENT, OR $1,000, WHICHEVER IS GREATER.

17) Indemnification

You agree to indemnify, defend, and hold harmless IM Web Pros, its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the Website or Services in violation of these Terms
• Content you provide, post, or direct us to use (including claims of infringement)
• Your products, services, ads, offers, disclosures, or compliance obligations
• Your instructions, approvals, or business decisions based on our work

18) Time Limit to Bring Claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim arises, otherwise it is permanently barred.

19) Dispute Resolution

Before filing a claim, the parties agree to attempt to resolve disputes informally for at least 30 days after written notice. If unresolved, disputes will be resolved by binding arbitration on an individual basis, and you waive any right to participate in a class action or class arbitration.

20) Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles.

21) Force Majeure

We are not liable for delays or failure to perform due to events beyond our reasonable control, including internet outages, provider outages, labor disputes, natural disasters, acts of government, or platform changes.

22) Changes to These Terms

We may update these Terms from time to time by posting an updated version on this page and changing the “Last updated” date. Your continued use of the Website or Services after updates means you accept the updated Terms.

23) Miscellaneous

• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms as part of a business transfer.
• Entire agreement: These Terms and any applicable Client Agreement form the entire agreement regarding the Website and Services.

24) Contact Us

IM Web Pros
Keller, TX 76248
Email: info@imwebpros.com
Phone: (817) 934-1158