Terms of Website Services
Terms of Service
Effective Date: January 2025 (next updated slated for July 2025)
Welcome to KM Creative Brand Studio! These Terms of Service (“Terms”) govern your use of our website development services. By engaging with us, you agree to comply with and be bound by these Terms.
1. User Eligibility
By accessing or using our services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter these Terms. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Payment Terms
2.1 Invoicing
KM Creative Brand Studio will provide an invoice for the services rendered. All payments must be made according to the payment schedule communicated at the time of contract signing.
2.2 Payment Schedules
Unless otherwise stated, full payment is expected prior to the commencement of work. For ongoing projects, payment schedules will be outlined in the contract and must be adhered to maintain progress on the project.
3. Intellectual Property Rights
3.1 Ownership
The client acknowledges that the final website code is licensed under the KM Creative Brand. The website code, themes, and plugins provided are licensed or custom-created for the client’s platform, but the underlying code remains the property of KM Creative Brand Studio.
3.2 Usage Rights
The client is granted a non-exclusive, non-transferable license to use the website upon full payment. This code is licensed to work exclusively on the KM Creative Brand Studio platform. The client may not claim ownership of the intellectual property or modify the underlying code without prior written consent from KM Creative Brand Studio.
4. Cancellation Policy
Clients have the right to cancel their subscription at any time before the current month’s subscription date otherwise the platform will remain live until the end of month that is paid for. Please kindly note, upon cancellation, the website code will remain licensed only for use on the KM Creative Brand Studio platform. KM Creative Brand Studio can create custom licenses for another platform for an additional fee. The client will not be able to transfer or utilize the code on any other platform.
5. Limitation of Liability
KM Creative Brand Studio is not liable for any issues arising from third-party services or content used on the website. While we strive to provide high-quality services, we cannot guarantee the reliability or functionality of external services, packages, or websites integrated with our solutions.
6. Prohibited Uses
You agree not to use our services for any unlawful or prohibited purposes. This includes, but is not limited to:
- Posting or transmitting any content that is defamatory, obscene, or offensive.
- Using our services to engage in fraud or deceptive practices.
- Interfering with the security, integrity, or performance of our services.
7. Termination
KM Creative Brand Studio reserves the right to terminate or suspend your access to our services, without prior notice or liability, for any reason, including if you breach these Terms.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of your state and KM Creative state. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Connecticut.
9. Privacy Policy
Your use of our services is also governed by our Privacy Policy, which can be founded here. Please review it to understand our practices regarding personal information.
10. Website Standards and Platform Dependencies
The landscape of website design and development is constantly evolving, influenced by changing technologies, user preferences, and industry standards. As such, the performance and functionality of your website may be impacted by external factors such as traffic fluctuations, third-party plugins, and services.
Clients acknowledge that if a plugin or platform used on their website experiences downtime or becomes offline, it may affect the website’s functionality and user experience. KM Creative Brand Studio is not responsible for any issues resulting from third-party services, plugins, or system outages. We recommend regularly reviewing and updating plugins and platforms to maintain optimal performance and security standards.
Clients acknowledge that storage capacity is determined by the terms of the contract. For security reasons, files may be deleted periodically; therefore, it is advisable to save copies of all files on your devices.
By using the services of KM Creative Brand Studio, you confirm that you have read, understood, and agreed to these Terms of Service. If you have any questions, please feel free to contact us.
Thank you for choosing KM Creative Brand Studio!