Terms of Service

Last updated: June 2026

These Terms of Service ("Terms") govern your access to westhird.com and the services provided by Westhird ("Westhird," "we," "us," or "our"), a marketing agency serving small businesses across the United States. By using our site or engaging our services, you agree to these Terms.

1. Services

Westhird provides website design and development, local search and reputation services, and content and creative services for small businesses. The specific scope, deliverables, timeline, and price for your project will be described in a quote, proposal, or invoice agreed between you and Westhird ("Project Agreement"). If a Project Agreement conflicts with these Terms, the Project Agreement controls for that project.

Clients may be given access to an online client portal to view project status and milestones, exchange messages with us, view and pay invoices, and access files we share. You are responsible for keeping your login credentials secure and for activity under your account. The portal is provided "as is," and we may change, suspend, or remove portal features at any time. Do not share your login, attempt to access other clients' data, or misuse the portal.

2. Quotes and pricing

Quotes are based on the information you provide and are valid for 30 days unless stated otherwise. Prices for standard packages are listed for convenience and may change. Work outside the agreed scope may require a new quote.

3. Payment

Payments are processed through Stripe. Unless your Project Agreement says otherwise, invoices are due on receipt. We may begin work after a deposit or first payment, and we may pause work on past-due accounts. Recurring services bill on the cycle stated in your agreement and can be canceled as described in Section 8.

4. Your responsibilities

• Provide accurate information and the content, images, and access we need to do the work.
• Review deliverables and give timely feedback and approvals.
• Confirm you have the rights to any materials you give us to use.
• Maintain your own accounts (domain, hosting, Google, social) unless we agree to manage them.

Delays in providing materials or approvals may affect the timeline.

5. Revisions and scope

Each project includes a reasonable number of revision rounds as described in your Project Agreement. Additional revisions or changes to the agreed scope may be billed separately at our standard rates.

6. Intellectual property

Once a project is paid in full, you own the final deliverables we create specifically for you, except for third-party assets (such as fonts, stock images, or plugins) that remain under their own licenses, and except for any pre-existing tools or code Westhird uses across projects, which we retain and license to you for use in your deliverables. Until full payment is received, Westhird retains ownership of all work. We may display completed work in our portfolio and marketing unless you ask us in writing not to.

7. Third-party services

Our work may rely on third-party platforms (for example Google, Meta, Stripe, hosting providers, or form and booking tools). We are not responsible for those services' availability, changes, or policies, and your use of them is subject to their terms.

8. Cancellation and refunds

You may cancel a project or recurring service by emailing support@westhird.com. For one-time projects, completed work and any non-refundable deposit are due up to the point of cancellation. For recurring services, cancellation takes effect at the end of the current billing cycle. Because services are custom, fees already earned are generally non-refundable unless required by law or stated otherwise in your Project Agreement.

9. Disclaimers

We work hard to deliver results, but we cannot guarantee specific outcomes such as search rankings, traffic, leads, or sales, which depend on factors outside our control. Our services are provided "as is" and "as available," without warranties of any kind except those that cannot be excluded by law.

10. Limitation of liability

To the fullest extent permitted by law, Westhird will not be liable for any indirect, incidental, special, or consequential damages, or for lost profits or revenue. Our total liability for any claim related to our services will not exceed the amount you paid us for the specific service giving rise to the claim.

11. Indemnification

You agree to indemnify and hold Westhird harmless from claims arising out of content or materials you provide, your use of the deliverables, or your violation of these Terms or applicable law.

12. Governing law

These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules. Any dispute will be handled in the state or federal courts located in Missouri, and you consent to their jurisdiction.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Continued use of the site or our services after changes means you accept the updated Terms.

14. Contact

Questions about these Terms? Email contact@westhird.com or call (314) 275-0762.