Legal

Terms and Conditions

Last updated: April 10, 2026

Welcome to WebSalePRO. These Terms and Conditions ("Terms") govern your use of the website and services provided by Neil Scarberry, doing business as WebSalePRO ("we," "us," or "I"). By accessing our website or using our services, you agree to be bound by these Terms.

If you do not agree with any part of these Terms, please do not use our website or services.

1. Services Provided

WebSalePRO provides the following services to clients:

  • Website design and development
  • Website hosting and maintenance
  • SEO optimization services
  • Website updates and modifications
  • Related consulting services

The specific scope of services, pricing, and deliverables will be outlined in a separate Service Agreement or statement of work agreed upon between us.

2. Service Plans and Payment

Monthly Plans

  • Monthly service plans are billed in advance on a month-to-month basis
  • Payment is due within 30 days of invoice date
  • All prices are in US Dollars (USD)
  • Prices are subject to change with 30 days written notice

One-Time Purchases

  • One-time website purchases include full payment upfront before work begins
  • Hosting and maintenance fees are separate and billed annually

3. Cancellation and Termination

Monthly Plans

  • Monthly plans require 30 days written notice for cancellation
  • No cancellation fees or penalties apply
  • Services will continue until the end of the current billing period
  • Upon cancellation, access to the website hosting may cease

Termination by WebSalePRO

  • We reserve the right to terminate services with 14 days notice if:
  • Payment is 30+ days overdue
  • Client engages in illegal or unethical activities
  • Client repeatedly violates these Terms

4. Client Responsibilities

Clients agree to:

  • Provide timely feedback and approvals
  • Supply content, images, and materials in a timely manner
  • Ensure they have the right to use all content provided
  • Pay invoices according to the agreed terms
  • Maintain accurate contact information
  • Ensure their domain name and hosting are properly configured

5. Intellectual Property

Client Content

Client retains all ownership rights to content, logos, images, and materials they provide. Clients warrant they have the right to use all content provided to WebSalePRO.

Website Design

  • Monthly Plans: Client receives a license to use the website design as long as services remain active. Design remains property of WebSalePRO if services are cancelled.
  • One-Time Purchases: Upon full payment, client receives full ownership of the website design and code.

Third-Party Materials

Third-party themes, plugins, fonts, and stock images are subject to their respective licenses. WebSalePRO will provide documentation of third-party licenses upon request.

6. Website Hosting and Maintenance

  • Hosting is included with monthly service plans
  • Maintenance includes security updates, performance optimization, and minor content updates
  • Major redesigns or new features are billed separately
  • WebSalePRO is not responsible for website issues caused by third-party code, hacking, or server issues beyond our control
  • Backups are performed regularly but are not guaranteed

7. Free Mock-Up and Design Process

  • Free mock-ups are provided for evaluation purposes only
  • Mock-ups remain property of WebSalePRO until a service agreement is signed
  • Clients should not share, copy, or use mock-ups without written permission
  • Work begins only after a signed agreement and initial payment

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WebSalePRO's total liability for any claim shall not exceed the amount paid by the client for the specific service giving rise to the claim
  • WebSalePRO is not liable for indirect, incidental, special, consequential, or punitive damages
  • WebSalePRO is not liable for lost profits, lost revenue, or lost business opportunities
  • WebSalePRO is not liable for damages arising from force majeure events

9. Warranty Disclaimer

Services are provided "as is" without warranty of any kind. We do not guarantee specific results, including but not limited to search engine rankings, traffic increases, or sales conversions. While we strive to create effective websites, individual results may vary based on many factors beyond our control.

10. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the business relationship. This includes, but is not limited to, business strategies, customer lists, pricing, and technical information. This obligation survives termination of services.

11. Indemnification

Client agrees to indemnify and hold harmless WebSalePRO, its owner, employees, and affiliates from any claims, damages, or expenses arising from:

  • Client's use of the website or services
  • Client's violation of these Terms
  • Client's violation of third-party rights
  • Client's illegal or improper use of the website

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, USA, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of Sedgwick County, Kansas.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our website with an updated "Last updated" date. Continued use of our services after changes constitutes acceptance of the modified Terms.

14. Contact Information

For questions about these Terms and Conditions, please contact us:

WebSalePRO

Neil Scarberry

Wichita, Kansas

Phone: (316) 372-9210

Email: [email protected]

Questions About These Terms?

I'm happy to explain any of these terms or discuss how they apply to your specific situation.

Contact Us Call (316) 372-9210