Terms of Service
1. Introduction
Welcome to KNDS Digital Marketing (“I,” “me,” or “my”). These Terms of Service (“Terms”) govern your use of my web design and digital services (“Services”). By engaging with my Services, you agree to abide by these Terms. If you do not agree, please refrain from using my Services.
2. Services
I provide professional web design and development services, including but not limited to custom website builds, site maintenance, search engine optimization (SEO), and digital marketing. The scope of work will be clearly outlined in a written proposal or service agreement prior to the start of any project.
3. Client Responsibilities
Clients are responsible for supplying all necessary content, including but not limited to text, images, branding assets, and third-party logins, in a timely and organized manner. Clients are also responsible for retaining their own backups unless a separate backup service is specified in our agreement.
4. Payment Terms
Payment terms are detailed in the project proposal. Typically, a non-refundable deposit equal to 50% of the total project cost is required to begin work. The remaining balance is due either at predefined project milestones or upon final approval, prior to the live launch. Ongoing services and add-ons will be billed in accordance with the agreed terms.
5. Revisions and Changes
Each project includes a set number of revisions, as stated in the proposal. Additional revisions, changes, or requests falling outside of the initial project scope may incur additional fees. All scope changes must be discussed, approved, and documented before implementation.
6. Project Timelines
Project timelines are estimated based on the proposed scope. While I make every effort to adhere to these schedules, timelines may shift due to factors beyond my control, including delays in client communication or content delivery. Clients will be informed promptly if adjustments are needed.
7. Intellectual Property
Upon full payment, clients retain ownership of the final website design and content. I reserve the right to showcase completed projects in my portfolio or marketing materials. Any third-party tools, fonts, or software used may remain the intellectual property of their respective owners and are governed by their own license terms.
8. Confidentiality
I treat all client information and proprietary materials with confidentiality. Any sensitive information shared with me during the project will not be disclosed to third parties without explicit written consent, unless required by law.
9. Termination
Either party may terminate the agreement at any time by providing written notice. Clients are responsible for all costs incurred up to the date of termination. Any advance payments for incomplete work may be refunded at my discretion. Final deliverables will only be provided upon receipt of payment for completed work.
10. Limitation of Liability
10.1 Service Quality
While I strive to deliver exceptional service and a secure, functional website, I do not guarantee uninterrupted uptime or that the site will be completely error-free or immune to external threats.
10.2 Third-Party Services
My work may incorporate third-party components such as hosting platforms, plugins, and external integrations. I am not responsible for outages, failures, vulnerabilities, or limitations caused by these third parties.
10.3 Client’s Website
The client is ultimately responsible for the use, operation, and content of their website. This includes compliance with legal and regulatory requirements. Unless a maintenance agreement is in place, I am not liable for site issues post-launch. Even with a maintenance plan, my liability is limited to the scope of that plan.
I am not liable for:
• Loss of business, revenue, or data
• Downtime or performance disruptions
• Security breaches or unauthorized access
• Legal issues arising from content or business practices
In no event shall I be held liable for indirect, incidental, or consequential damages related to the use of my Services.
11. Indemnification
Clients agree to indemnify, defend, and hold harmless KNDS Digital Marketing, its employees, contractors, and affiliates from any claims, damages, losses, or expenses— including legal fees—arising out of the client’s use of the Services, their website, or any violation of these Terms.
12. Governing Law
These Terms shall be governed by the laws of the State of Michigan, USA. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts located within Michigan.
13. Changes to Terms
I may update these Terms from time to time. Any modifications will be posted on my website and become effective upon publication. It is the client’s responsibility to review the Terms periodically. Continued use of my Services constitutes acceptance of any revised Terms.
14. Contact Information
If you have any questions regarding these Terms, you may contact me directly at:
KNDS Digital Marketing
Dearborn, MI 48124
info@kndsdigital.com
313-820-5550
kndsdigitalmarketing.com