Terms of Service

The Pro Work Website: theprowork.com Email: hello@theprowork.com Last Updated: April 2025

1. Agreement to Terms

By accessing our website theprowork.com or engaging The Pro Work for any service, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use our website or services.

These terms apply to all visitors, clients, and anyone who accesses or uses our services.

2. Services

The Pro Work provides the following digital services:

• Custom Shopify and WordPress website development
• WooCommerce store development
• AI automation systems (WhatsApp chatbots, voice agents, workflow automation)
• Paid advertising management (Facebook, Instagram, Google Ads)
• Website migration and speed optimization

The specific scope, deliverables, timeline, and pricing for each project are agreed upon in a written proposal before any work begins. The proposal forms part of the agreement between The Pro Work and the client.

3. Project Proposals and Agreements

All projects begin with a written proposal that outlines:

• Scope of work and deliverables
• Project timeline and milestones
• Fixed price and payment terms
• Revision rounds included
• What is required from the client

A project is considered confirmed when the client approves the proposal in writing (email confirmation is accepted) and makes the required initial payment.

Any changes to the agreed scope after project confirmation may result in additional charges and revised timelines, which will be communicated and agreed in writing before proceeding.

4. Payment Terms

Project Work:

• 50% of the agreed project fee is due upfront before work begins
• The remaining 50% is due upon project completion, before final files or access are handed over

Monthly Retainers (Ads Management, Maintenance):

• Billed at the start of each month
• Payment is due within 7 days of invoice
• Non-payment may result in pausing of services

General:

• All prices are in USD unless otherwise agreed in writing
• We accept payment via bank transfer, Stripe, and PayPal
• Late payments beyond 14 days may incur a 5% late fee per month

The Pro Work reserves the right to pause or suspend work on any project where payment is overdue.

5. Revisions and Changes

Each project proposal specifies the number of revision rounds included. Additional revisions beyond what is included in the proposal will be charged at an hourly rate of $50 USD, agreed upon before proceeding.

Revision requests must be submitted in writing within 7 days of a deliverable being shared. Requests submitted after this window may be treated as new work.

6. Client Responsibilities

To ensure projects are delivered on time and to the highest standard, the client agrees to:

• Provide all required assets, content, and access credentials promptly at the start of the project
• Respond to feedback requests and approval stages within 48 hours
• Ensure all content, images, and materials provided are owned by the client or properly licensed
• Nominate one primary point of contact for the project

Delays caused by the client’s failure to provide required information or approvals in a timely manner may result in revised project timelines. The Pro Work is not liable for delays caused by the client.

7. Intellectual Property and Ownership

Upon receipt of full payment, the client owns all final deliverables produced by The Pro Work for their project — including website designs, code, and content created specifically for them.

The Pro Work retains the right to:

• Display the completed work in our portfolio and case studies
• Reference the client’s name and results in marketing materials, unless the client requests otherwise in writing

Any third-party assets used (fonts, stock images, plugins, platform subscriptions) remain subject to their respective licenses. The client is responsible for maintaining any required third-party licenses after project handover.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of a project. This includes but is not limited to business strategies, financial data, login credentials, and unreleased products.

The Pro Work will not share client information with third parties except where required to deliver the agreed services (for example, platform integrations).

9. Third-Party Platforms and Tools

Many of our services involve third-party platforms including Shopify, WordPress, Meta (Facebook), Google, WhatsApp Business API, and automation tools such as Make and n8n. The Pro Work is not responsible for:

• Changes to third-party platform policies, pricing, or features
• Downtime or technical issues caused by third-party platforms
• Costs associated with third-party platform subscriptions or usage fees

Clients are responsible for maintaining their own accounts and subscriptions with third-party platforms after project handover.

10. Paid Advertising

For clients engaging our paid advertising management services:

• Ad spend is paid directly by the client to the advertising platforms (Meta, Google)
• Our management fee is charged separately and does not include ad spend
• The client retains full ownership of all ad accounts, pixels, and data at all times
• Results from paid advertising campaigns are not guaranteed. We commit to best efforts, data-driven strategy, and transparent reporting — but cannot guarantee specific ROAS, revenue figures, or outcomes, as these depend on market conditions, product, and platform algorithms
• A minimum initial engagement of 3 months is recommended for paid ads to allow sufficient optimization time

11. AI Automation Services

For clients engaging our AI automation services:

• The client is responsible for ensuring their use of AI tools and WhatsApp Business API complies with applicable laws and platform terms of service
• AI systems are trained on information provided by the client. The accuracy of responses depends on the quality and completeness of this information
• The Pro Work is not liable for any miscommunication or errors generated by AI systems after handover
• Ongoing platform fees for WhatsApp Business API and AI tools are paid directly by the client to the respective providers

12. Limitation of Liability

To the fullest extent permitted by law, The Pro Work shall not be liable for:

• Indirect, incidental, or consequential damages arising from the use of our services
• Loss of revenue, profits, or business opportunities
• Damage caused by third-party platforms, tools, or services
• Any issues arising after project handover due to client modifications

Our total liability in any claim arising from our services shall not exceed the total fees paid by the client for the specific project in question.

13. No Guarantee of Results

While we commit to delivering high-quality work and applying best practices across all services, The Pro Work does not guarantee specific business outcomes such as revenue targets, search engine rankings, or advertising returns. Results depend on many factors outside our control including market conditions, competition, product quality, and client-side operations.

14. Cancellation Policy

Project Work:

• If a client cancels a project after work has commenced, the upfront payment (50%) is non-refundable
• Any work completed up to the cancellation date will be invoiced at a pro-rata rate if it exceeds the upfront payment

Monthly Retainers:

• Either party may terminate a monthly retainer with 30 days written notice
• Fees for the current billing month are non-refundable upon cancellation

15. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith discussion via email or call. If a resolution cannot be reached within 30 days, the dispute may be referred to mediation before any legal proceedings.

16. Governing Law

These Terms of Service shall be governed by and construed in accordance with applicable law. As The Pro Work serves clients internationally, disputes shall be resolved in accordance with the laws of the jurisdiction mutually agreed upon between both parties, or failing agreement, the jurisdiction in which The Pro Work is registered.

17. Changes to These Terms

We reserve the right to update these Terms of Service at any time. The updated version will be posted on theprowork.com with a revised “Last Updated” date. Continued use of our services after any changes constitutes acceptance of the new terms.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

The Pro Work Email: hello@theprowork.com Website: theprowork.com

These Terms of Service apply to all clients and users of The Pro Work services.