TERMS OF PARTICIPATION

​Please READ carefully. By purchasing this service, the following Terms and Conditions are entered into by and between Digital K, LLC (“COMPANY”) and You (“CLIENT” or “YOU”). By clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound by and to abide by the following terms stated herein.

SERVICE

COMPANY agrees to provide services packaged under “One-Day VIP” (“SERVICE”).

CLIENT agrees to retain COMPANY to proceed with services for 1 day (“SERVICE DATE”). During this SERVICE DATE, COMPANY agrees to devote 7 hours on assignments to be determined by CLIENT and agreed to by COMPANY. Services performed by COMPANY at the request of CLIENT may include, but are not limited to, web design and development, graphic design, social media design and management, search engine optimization, and updates to existing Web pages.

SERVICE will be performed at the office of COMPANY, but occasionally may take place at other locations, as required. SERVICE will normally occur between the hours of 8am – 4pm CST on weekdays.

As part of the SERVICE, COMPANY shall also provide the following to CLIENT:

A 45-minute planning and strategy call prior to the SERVICE DATE. 

30 days of email and messaging support after the SERVICE DATE, starting with the day after the SERVICE DATE. CLIENT will be able to email or message COMPANY with any questions or concerns CLIENT has about the work that was performed during the SERVICE DATE. CLIENT will receive a reply via email, message or video tutorials. This support does not cover additional design, development, social media or website work that exceeds what was done during the SERVICE DATE. If YOU have additional work that needs to be performed, YOU will have the option to book another SERVICE.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to CLIENT’s participation in the SERVICE.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

FEES

Payment for SERVICE will be to COMPANY at the rate of $950 and will be due at the time of booking this appointment. CLIENT may choose to alternatively pay a 50% deposit and pay the balance by the SERVICE DATE.

Additional services requested by CLIENT and agreed to by COMPANY will be made available by COMPANY at the current rate and will be billed separately. CLIENT agrees to reimburse COMPANY for any additional CLIENT-approved expenses necessary for the completion of the work. Examples include, but are not limited to, the purchase of fonts, stock photography, plugins and software.

PAYMENT OF FEES

Payment shall be by PayPal or credit card in US dollars, and made payable to “Digital K, LLC”.

Payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $35.00 charge if payment is not received within 15 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. In case collection proves necessary, CLIENT agrees to pay all fees incurred by that process. CLIENT agrees that for purposes of venue, this agreement was entered into in Calumet County, Wisconsin, and any dispute will be litigated or arbitrated in Calumet County, Wisconsin. CLIENT hereby consents to the personal jurisdiction of the Wisconsin State Courts. Furthermore, CLIENT waives any right to or claim of sovereign immunity. 

REFUND POLICY

CLIENT’S purchase is non-refundable, but CLIENT may transfer it to another SERVICE DATE with 7-days prior written notice. CLIENT’s purchase is valid for 90 days and must be used within that timeframe.

AUTHORSHIP CREDIT

COMPANY retains the right to display graphics and other web design elements as examples of COMPANY’s work in COMPANY’s portfolios.

CLIENT may select that COMPANY includes a byline and link on the bottom of the CLIENT web page establishing authorship credit. This byline is upon agreement by both CLIENT and COMPANY and must be removed at any time upon written request by COMPANY.

TESTIMONIALS

At various places on the COMPANY’s website, COMPANY’s social media accounts and other COMPANY sales materials, YOU may find testimonials from clients and customers of the products and services offered by the COMPANY. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. YOU specifically recognize and agree that the testimonials are not a guarantee of results that YOU or anyone else will obtain by using the SERVICE or any other products or services offered by the COMPANY.

Following CLIENT’s participation in the SERVICE, the COMPANY may request YOU provide a testimonial to be published on the COMPANY website or on various sales materials for this or another program or service created by the COMPANY. YOU are not required to give any testimonial and the choice to do so is freely up to YOU. There will be no ramifications or change in relationship between COMPANY and CLIENT if CLIENT refuses to provide a testimonial. No payment or additional services will be provided in return for Testimonial, and CLIENT understands he or she is granting the COMPANY an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to the COMPANY as part of a Testimonial.

NON-DISCLOSURE

COMPANY agrees that, except as directed by CLIENT, it will not at any time during or after the term of this agreement disclose any Confidential Information to any person whatsoever. Likewise, CLIENT agrees that it will not disclose any Confidential Information obtained about COMPANY to another party.

COPYRIGHTS AND TRADEMARKS

CLIENT unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to COMPANY as part of the SERVICE are owned by CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend COMPANY and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the CLIENT.

LIMITED LIABILITY

Notwithstanding anything to the contrary contained in this agreement, COMPANY does not warrant that the functions contained in the CLIENT’s website will be uninterrupted or error-free. The entire risk as to the quality and performance of the website is with the CLIENT. Under no circumstances, including negligence, shall COMPANY, its offices, agents, or anyone else involved in creating, producing or distributing its services, be liable for any damages, including but not limited to, direct, indirect, incidental, punitive, special or consequential damages that result from the use of or inability to use COMPANY’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to COMPANY’s records, programs or services. CLIENT maintains sole responsibility for data backups and restoration.

Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which CLIENT paid during the term of this agreement.

INDEMNIFICATION

CLIENT agrees that it shall defend, indemnify, save and hold COMPANY harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against COMPANY, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless COMPANY against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with COMPANY’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold.

LAWS AFFECTING ELECTRONIC COMMERCE

CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend COMPANY and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither CLIENT nor any of CLIENT’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the COMPANY or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT

CLIENT may not assign this Agreement without express written consent of COMPANY.

COMPANY reserves the right to assign subcontractors to this SERVICE to ensure the right fit for the job as well as on-time completion. COMPANY will be responsible for the final results of the SERVICE.

TERMINATION

The COMPANY reserves the right, in its sole discretion, to terminate CLIENT’s access to the SERVICE and related services or any portion thereof at any time, if CLIENT becomes disruptive to the COMPANY, if CLIENT fails to follow the SERVICE guidelines, or if CLIENT otherwise violates this Agreement. CLIENT shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement, along with the COMPANY’s Terms of Use, Privacy Policy and Disclaimer, constitutes the entire agreement between the CLIENT and the COMPANY with respect to the SERVICE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the CLIENT and the COMPANY with respect to the SERVICE. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

The COMPANY reserves the right, in its sole discretion, to change the Terms under which the SERVICE is offered. The most current version of the Terms will supersede all previous versions. The COMPANY encourages YOU to periodically review the Terms to stay informed of our updates.

If YOU do not understand or agree with any of these conditions, please do not order this SERVICE. If YOU require further clarification, please contact su*****@ke*******.com.

CONTACT US

The COMPANY welcomes your questions or comments regarding the Terms:

Digital K, LLC
W5238 Arbor Vitae Dr.
Sherwood, WI 54169

Email Address: su*****@ke*******.com

 

Last Updated September 1, 2019