Terms of Service & Client Agreement

Kales Digital Design may provide custom website design and development, website redesigns and improvements, hosting, maintenance and care plans, domain-related services, content updates, search engine and online presence improvements, review automation and customer review request systems, advertising and digital marketing, and other digital services agreed upon in writing.

The exact services, features, pricing, timeline and deliverables for each Client will be determined by the Client's individual proposal, quote, invoice, order or other written agreement.

A service not specifically included in the agreed scope of work may be considered additional work and may result in an additional charge.

Kales Digital Design will create the website according to the information, preferences, materials and requirements provided by the Client.

The Client is responsible for providing accurate business and contact information, hours, services and pricing, logos, photos, written content, social links, brand guidelines and any other information needed to complete the website.

Kales Digital Design is not responsible for delays caused by the Client's failure to provide required information, materials, approvals, account access or other resources.

The initial project price covers only the services and deliverables specifically included in the agreed proposal or quote.

Requests that substantially change the original scope may require an additional fee, including additional pages, functionality, integrations, major redesigns after approval, extra revision rounds, extensive content creation, new features, or additional advertising and marketing services.

Kales Digital Design will communicate additional charges before performing substantial additional work whenever reasonably possible.

Reasonable revisions related to the original agreed design may be included depending on the selected package. A completely new design, substantial change in direction or new functionality may be additional work.

The Client is responsible for reviewing the website and notifying Kales Digital Design of necessary corrections. Once approved, additional changes may be subject to additional charges.

Payment terms will be specified in the proposal, invoice, checkout page or other written agreement. Unless otherwise stated, any deposit is due before work begins, the balance is due under the agreed schedule, and launch may require full payment.

Recurring services are billed according to the selected billing schedule, and additional services are billed separately when applicable.

Payment does not guarantee a particular business result, number of customers or reviews, search ranking, advertising performance or revenue.

Deposits reserve project time and allow Kales Digital Design to begin work.

Unless applicable law requires otherwise or we expressly agree in writing, deposits are non-refundable once work has begun because they compensate Kales Digital Design for committed time, planning, design, development and resources.

If work has not begun, any refund will be determined under the applicable proposal or written agreement.

Some services require a recurring monthly or periodic fee, including hosting, maintenance, updates, technical support, review automation and other identified plan services.

The selected plan describes what is included. Recurring fees continue until cancelled under this Agreement.

Care, hosting or maintenance plans may include website modifications and updates as described in the selected plan, and included updates may be limited by that plan.

Major redesigns, new pages, custom functionality, extensive content changes or other out-of-plan work may incur additional charges. Kales Digital Design determines whether a request is routine or additional project work.

Domain registration and renewal may be provided by Kales Digital Design or a third-party registrar. The Client is responsible for applicable fees unless expressly included in the service plan.

Kales Digital Design is not responsible for expiration, suspension, transfer restrictions or loss caused by inaccurate Client information or unpaid renewal fees, but will make reasonable efforts to assist where possible.

Hosting may be provided directly or through a third-party provider and is subject to that provider's availability and technical limitations. Uninterrupted availability is not guaranteed.

Temporary outages may result from hosting or domain issues, network failures, maintenance, security incidents, third-party failures, software updates or circumstances outside our reasonable control.

The Client represents that they have the rights and permissions to use all logos, photographs, content, videos, trademarks, testimonials and other supplied materials, remains responsible for that content, and permits Kales Digital Design to use it to provide the contracted services.

Unless agreed otherwise, Kales Digital Design retains its pre-existing templates, design systems, processes, code libraries, tools, frameworks, graphics, business methods, internal systems and proprietary materials. Third-party materials remain subject to their own licenses and terms.

Upon full payment, the Client receives rights to use the completed website deliverables under the applicable agreement. Until paid in full, Kales Digital Design may withhold delivery, launch, transfer or publication.

If the Client cancels before completion, unfinished work remains with Kales Digital Design unless otherwise agreed in writing.

Unless the Client requests otherwise in writing, Kales Digital Design may display completed work and identify the Client as a customer in its portfolio, website, social media, advertisements, presentations and promotional materials.

Review systems may use automated texts, emails, links, forms or other communications to facilitate customer feedback. They do not guarantee review volume, star ratings, positive reviews, rankings, revenue or customer growth.

Kales Digital Design does not control customer responses or third-party review platforms. The Client is responsible for complying with laws and platform rules when using customer information and communications.

Services may rely on domain registrars, hosting providers, Google services, review platforms, SMS and email providers, payment processors, advertising and analytics platforms, software and integrations.

Kales Digital Design cannot guarantee that third-party services remain available, unchanged or compatible; their changes, outages, pricing, restrictions or termination may affect Client services.

Purchased advertising services may include strategy, setup, creative materials, campaign management, targeting or other agreed services. Performance is not guaranteed and depends on platforms, competition, markets, budget, consumer behavior, policies, audience, reputation, website performance and offer quality.

Platform advertising spend and Kales Digital Design service fees may be separate unless expressly stated otherwise.

The Client agrees to provide accurate information and required materials promptly, review work and provide feedback, maintain accurate contact and billing details, pay charges when due, hold permissions for supplied content, report material changes, and follow laws applicable to the Client's business.

Kales Digital Design is not responsible for delays or errors caused by inaccurate, incomplete or late Client information.

The Client may request cancellation of recurring services in writing under the applicable cancellation terms. Cancellation does not eliminate obligations incurred before its effective date.

Kales Digital Design may suspend or terminate services for non-payment, material breach, unlawful activity, misuse, or unreasonable risk. Recurring services may cease at the end of the billing period unless otherwise stated.

For unpaid charges, Kales Digital Design may suspend services, website access, maintenance, hosting, review automation or other services until the account is current, and may charge lawful late fees or collection costs stated in the invoice or agreement.

Kales Digital Design does not guarantee revenue, sales, leads, calls, traffic, search rankings, customer growth, review volume or ratings, advertising results or conversion rates. Results depend on factors outside our control.

Services are provided under the agreed scope. To the extent allowed by law, Kales Digital Design is not responsible for indirect, incidental, special, consequential or business losses arising from its services or circumstances outside its reasonable control.

This includes third-party outages, lost revenue, customers or data, downtime, domain issues, platform changes and cybersecurity incidents outside our reasonable control. Nothing excludes liability that applicable law does not permit us to exclude or limit.

To the extent permitted by law, the Client agrees to defend and hold Kales Digital Design harmless from claims, losses, damages or expenses arising from Client-supplied content, business practices, legal violations, unauthorized third-party materials, misuse of services, or inaccurate or misleading Client information.

Kales Digital Design is not responsible for failure or delay caused by circumstances outside its reasonable control, including natural disasters, internet or hosting outages, third-party failures, governmental actions, labor disruptions, cyber incidents or other unforeseeable events.

Kales Digital Design may update services, pricing, policies or these Terms. Changes to existing agreements will be communicated when required by law. The version accepted by the Client governs unless replaced by a later written agreement.

This Agreement is governed by the laws of the State of Kansas unless another jurisdiction is required by law or expressly agreed in writing. Disputes will be handled in a court or other forum with appropriate jurisdiction.

If any provision is invalid or unenforceable, the remaining provisions continue in effect to the fullest extent permitted by law.

This Agreement, together with the applicable proposal, quote, invoice, order and other written agreements, constitutes the agreement between the parties for the applicable services.

If these Terms conflict with a specific written proposal or service agreement, the specific written agreement controls for the conflicting provision.