These Terms and Conditions govern your use of KD Digital's services and website. By engaging our services or using our website, you agree to be bound by these terms. Please read them carefully.
1. Acceptance of Terms
By accessing our website, engaging our services, or entering into a service agreement with KD Digital, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy.
If you do not agree with any part of these terms, you must not use our services or website.
2. Services Description
KD Digital provides comprehensive digital marketing services, including but not limited to:
- Digital marketing strategy development and consulting
- Search engine optimization (SEO) services
- Social media marketing and management
- Content creation and marketing
- Website design and user experience consulting
- Analytics and performance reporting
- Multicultural marketing strategies
- User-generated content campaigns
Specific services will be detailed in individual service agreements or statements of work.
3. Service Agreements and Scope
Each client engagement will be governed by a separate service agreement or statement of work that outlines:
- Specific services to be provided
- Project timelines and deliverables
- Pricing and payment terms
- Client responsibilities and requirements
- Performance metrics and success criteria
Important Note
In case of any conflict between these general Terms and Conditions and a specific service agreement, the service agreement will take precedence for that particular engagement.
4. Client Responsibilities
To ensure successful project outcomes, clients agree to:
- Provide accurate and complete information about their business, goals, and requirements
- Grant necessary access to relevant accounts, platforms, and systems
- Respond to requests for information and feedback in a timely manner
- Review and approve deliverables within agreed timeframes
- Comply with all applicable laws and regulations
- Maintain confidentiality of proprietary information shared by KD Digital
- Make payments according to agreed terms
5. Payment Terms
Payment terms will be specified in individual service agreements. General payment policies include:
- Invoices are due within 30 days of receipt unless otherwise specified
- Late payments may incur interest charges of 1.5% per month
- Services may be suspended for accounts more than 30 days overdue
- All fees are non-refundable unless specifically stated otherwise
- Clients are responsible for all taxes related to services provided
Payment Disputes
Any payment disputes must be raised within 30 days of invoice date. Continued use of services after this period constitutes acceptance of charges.
6. Intellectual Property Rights
Intellectual property ownership is handled as follows:
Client-Owned Materials:
- Clients retain ownership of their existing trademarks, logos, and brand materials
- Clients grant KD Digital license to use these materials for agreed services
KD Digital-Created Materials:
- Custom content, strategies, and deliverables created for clients become client property upon full payment
- KD Digital retains rights to general methodologies, processes, and know-how
- KD Digital may use project results as case studies (with client approval)
Third-Party Materials:
- Clients are responsible for obtaining necessary licenses for third-party materials
- KD Digital is not liable for copyright infringement of client-provided materials
7. Confidentiality
Both parties agree to maintain confidentiality of sensitive information shared during the course of the business relationship:
- Business strategies, financial information, and proprietary data will be kept confidential
- Confidentiality obligations survive termination of the service agreement
- Exceptions include information that is publicly available or required to be disclosed by law
- KD Digital may use aggregated, anonymized data for industry research and benchmarking
8. Performance and Results
While KD Digital strives to deliver exceptional results, we cannot guarantee specific outcomes due to factors beyond our control:
- Digital marketing results depend on market conditions, competition, and algorithm changes
- We provide best-effort services based on industry best practices and data-driven strategies
- Success metrics and expectations will be clearly defined in service agreements
- Regular reporting and optimization ensure continuous improvement
No Guarantee Clause
KD Digital does not guarantee specific rankings, traffic levels, conversion rates, or revenue increases. All projections are estimates based on historical data and industry benchmarks.
9. Limitation of Liability
KD Digital's liability is limited as follows:
- Total liability shall not exceed the amount paid by the client for services in the 12 months preceding the claim
- We are not liable for indirect, consequential, or punitive damages
- We are not responsible for third-party platform changes, outages, or policy modifications
- Clients are responsible for backing up their own data and content
- Force majeure events (natural disasters, pandemics, etc.) may excuse performance delays
10. Termination
Either party may terminate the service agreement under the following conditions:
Termination for Convenience:
- Either party may terminate with 30 days written notice
- Client remains responsible for payment of services rendered through termination date
- KD Digital will provide transition assistance as reasonably requested
Termination for Cause:
- Immediate termination for material breach of contract
- Non-payment of invoices beyond 60 days
- Violation of confidentiality or intellectual property terms
- Illegal or unethical business practices
11. Dispute Resolution
In the event of disputes, the parties agree to the following resolution process:
- First, attempt to resolve disputes through good faith negotiation
- If negotiation fails, disputes will be resolved through binding arbitration
- Arbitration will be conducted under the rules of the American Arbitration Association
- The prevailing party may be entitled to reasonable attorney fees
- These terms are governed by the laws of the jurisdiction where KD Digital is incorporated
12. Changes to Terms
KD Digital reserves the right to modify these Terms and Conditions at any time:
- Changes will be posted on our website with an updated effective date
- Clients will be notified of material changes via email
- Continued use of services after changes constitutes acceptance
- Existing service agreements remain governed by terms in effect at signing
13. Contact Information
For questions about these Terms and Conditions or to discuss service agreements:
KD Digital Legal Team
Email: legal@kddigital.co
Website: https://kddigital.co
Business Hours: Monday - Friday, 9:00 AM - 6:00 PM EST
These Terms and Conditions constitute the entire agreement between you and KD Digital regarding the use of our services, superseding any prior agreements or understandings.
Ready to Get Started?
Now that you understand our terms, let's discuss how KD Digital can help grow your business through strategic digital marketing. Contact us for a free consultation.