Last Updated: July 24, 2026
1. Introduction and Agreement
These Terms of Service (the "Terms") are entered into between WaLynda Thompson, an individual operating a Florida sole proprietorship under the trade name WaLynda Thompson ("Provider," "we," "us," or "our"), and the person or entity engaging our services ("Client," "you," or "your").
By executing a Service Agreement, accepting a proposal, submitting payment, or otherwise engaging our services, you agree to be bound by these Terms and our Privacy Policy. If these Terms conflict with a signed Service Agreement, the signed Service Agreement controls for that engagement.
2. Services and Scope of Work
2.1 Services Provided
The Provider will provide funnel strategy, landing page or website design, conversion copy, marketing consulting, automation, implementation, and related technology services (collectively, the "Services") as specifically described in the applicable written proposal, statement of work, or service agreement executed between the parties (the "Service Agreement").
2.2 Out of Scope
Any work, deliverable, revision, integration, or service not expressly included in the Service Agreement is outside the scope of work and may require a separate change order, additional fees, and a revised schedule.
2.3 No Guarantee of Results
The Client acknowledges that digital marketing and conversion performance depend on factors outside the Provider's control. The Provider does not guarantee specific results, revenue, conversion rates, leads, sales, or financial performance. Any projections, forecasts, or examples are estimates only.
3. Client Responsibilities and Cooperation
The Client agrees to perform the following responsibilities in a timely manner:
Provide Timely Materials and Access: Provide all required content, credentials, logins, graphics, advertising accounts, approvals, and other information (collectively, "Client Materials") necessary for the Provider to perform the Services.
Approval and Feedback: Provide clear, timely, and decisive feedback and approval on deliverables as requested. Delays in Client Materials, feedback, or approval may extend the project schedule.
Compliance and Rights: Ensure that all Client Materials and business practices comply with applicable laws and regulations and that the Client has all rights, licenses, and permissions necessary for the Provider to use the Client Materials.
Ad Spend and Third-Party Costs: Fund and manage all third-party costs, including advertising spend, software subscriptions, hosting fees, domains, payment processor charges, and vendor fees. The Provider is not liable for overspend, underperformance, interruption, or other issues caused by third-party platforms or budgets.
4. Fees, Payment, and Refunds
4.1 Payment Terms
The Client agrees to pay all fees according to the payment amounts, due dates, and payment schedule stated in the applicable Service Agreement.
4.2 Late Payment
Late fees, if any, are governed by the applicable Service Agreement and applicable law. If a payment is overdue, the Provider may suspend work, withhold final deliverables or access, and exercise any other remedies permitted by the Service Agreement or law.
4.3 No Refunds
All fees are non-refundable once payment has been made and the Provider has commenced work, regardless of project cancellation or completion status, except as expressly stated in the Service Agreement or required by law.
5. Intellectual Property Rights
5.1 Client Ownership
Upon full and final payment for the Services, the Client will own the intellectual property rights in the final, approved, project-specific deliverables identified in the Service Agreement, such as the final funnel design, advertising copy, or final reports.
5.2 Provider Tools and Templates
The Provider retains all intellectual property rights in pre-existing templates, code, methodologies, frameworks, proprietary software, processes, and general know-how used to perform the Services. To the extent those materials are embedded in a final deliverable, they are licensed to the Client solely as necessary to operate and use that deliverable.
5.3 Portfolio Rights
The Client grants the Provider a perpetual, worldwide, non-exclusive, royalty-free license to display and use the final, approved deliverables and the Client's name and logo for the Provider's portfolio, case studies, marketing, and promotional purposes, unless the applicable Service Agreement expressly provides otherwise.
6. Limitation of Liability
To the fullest extent permitted by law, the Provider will not be liable to the Client or any third party for lost profits or any consequential, exemplary, incidental, indirect, special, or punitive damages, including loss of data, arising from or relating to the Services. The Provider's total cumulative liability in connection with these Terms or a Service Agreement will not exceed the total fees paid by the Client to the Provider under the relevant Service Agreement during the three months immediately preceding the event giving rise to the claim.
7. Termination
7.1 Termination Rights and Notice
The parties' termination rights, required notice period, and termination procedures are governed by the applicable Service Agreement.
7.2 Payment Upon Termination
Upon termination, the Client must immediately pay for all Services performed and all non-cancelable commitments or costs incurred through the termination date. If prepaid fees exceed the value of Services completed, the remaining amount will be retained by the Provider as a termination fee, except as otherwise stated in the Service Agreement or required by law.
8. Governing Law and Jurisdiction
These Terms and each Service Agreement will be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles. Any legal action or proceeding arising out of or relating to these Terms, a Service Agreement, or the Services must be brought exclusively in the state or federal courts located in Orange County, Florida, and each party consents to that jurisdiction and venue.
9. Contact Information
For questions or concerns regarding these Terms of Service, please contact us at:
Email: [email protected]
Address: 16877 E Colonial Dr #157, Orlando, FL 32820
Website: walyndathompson.com
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