1. Introduction

Welcome to KNDS Digital Marketing LLC (“I,” “me,” or “my”). These Terms of Service (“Terms”) govern:

a. Your use of my website kndsdigitalmarketing.com/alias kndsdigital.com and
b. Your engagement with my Services & Deliverables (including websites, digital content, and related work).

By visiting my website, using its resources, or engaging with my Services, you agree to these Terms. If you do not agree, please refrain from using the website or Services.

I operate as an independent contractor. I am not an employee, legal advisor, or licensed professional outside the scope of the Services provided.

2. Services & Deliverables

I provide professional web design, development, and digital marketing services, including: custom website builds, site maintenance, search engine optimization (SEO), content creation, and other digital services.

All projects will have a clearly defined scope outlined in a written proposal or service agreement before work begins. Additional work outside the agreed scope may incur additional fees.

3. Client Responsibilities

Clients are responsible for:

• Providing all necessary content, including text, images, branding assets, and third-party logins.
• Reviewing, approving, and ensuring accuracy, safety, and legal compliance of all content, including AI-assisted content.
• Retaining backups of all website content unless a separate backup service is included in the agreement.

4. Payment Terms

Payment terms are defined in the project proposal. Typically:

• A non-refundable deposit of 50% of the total project cost is required to begin work.
• Remaining balance is due at predefined milestones or upon final approval prior to live launch.
• Ongoing services or add-ons are billed per the agreed terms.

5. Revisions and Changes

Projects include a set number of revisions as stated in the proposal. Additional revisions or changes outside the original scope may incur fees. Scope changes must be discussed, approved, and documented before implementation.

6. Project Timelines

Project timelines are estimates. Delays may occur due to client communication, content delivery, or other factors outside my control. Clients will be notified and the project details will be revisited, 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 and client reviews 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. Content Creation and AI Assistance

Some content may be created using AI tools. All AI-assisted content is reviewed by me for clarity and relevance. While I strive for quality, I do not guarantee accuracy, completeness, or legal compliance.

9. 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 or used for marketing purposes without explicit written consent, unless required by law.

10. Website Use Disclaimer

Clients, visitors and users of my website agree that:

• The website is provided for general informational purposes.
• I do not guarantee uninterrupted access, complete accuracy, or that the site is free from errors, exploits or security vulnerabilities.
• Any reliance on information and use of the website is at your own risk.

11. 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.

12. Limitation of Liability

12.1 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.

12.2 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.

12.3 Client’s Website

The client is responsible for their website’s operation, content, and legal compliance. If a maintenance plan is in place, it is limited to the specific services outlined in the agreement, such as security updates, website monitoring, and ongoing site improvements. While I perform my due diligence to maintain the site as outlined in our agreement, I do not assume responsibility for its overall performance, security or content, as technology can behave in unexpected ways.

Therefore, I cannot be held liable for:

• Loss of business, revenue, reputation or data
• Downtime or performance disruptions
• Security breaches or unauthorized access
• Legal issues that arise from a client’s website content or business practices

In no event shall I be held liable for indirect, incidental, or consequential damages related to the use of my website, or Services & Deliverables.

13. Indemnification

Clients and website visitors agree to indemnify, defend, and hold harmless KNDS Digital Marketing LLC, its employees, contractors, and affiliates from any claims, damages, losses, or expenses— including legal fees—arising from:

• Use of Services & Deliverables.
• Website content.
• Any violation of these Terms.

14. 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.

15. 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 website, Services & Deliverables constitutes acceptance of any revised Terms.

16. 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