For the purpose of this Terms and Agreement, the words ''we'', ''our'', ''KW'', ''us' and ''Kesseswebsites'' means Kesseswebsites and Advertising. The word ''Terms and Conditions'' means Terms and Agreement. The word "Work or Project" means any services rendered by Kesseswebsites to the client. The phrase "Either Party" means you as the client and/or Kesseswebsites. The word ''you'' and ''client'' or ''clients'' refer to or mean anyone buying or using our services, products and anyone accessing the contents of this website. By agreeing to this Terms and Agreement you are also agreeing to our Refund Policy and Privacy Policy on this page. By accessing this website or by buying or using our services you agree that you fully understand and have fully agreed to all the terms and agreement on this page and have also agreed to our Refund Policy and Privacy Policy. If for any reason you are unable to access any part of this Terms and Agreement online, you understand that you are responsible for requesting copies of our most recent Terms and Agreement by phone or email before buying or using any of our services.
Kesseswebsites and Advertising aims to deal with its clients in a professional, timely and favorable manner. By engaging Kesseswebsites & Advertising with their business, the clients will be accepting the following:
The Contract
An independent contractor relationship will be created between clients and Kesseswebsites & Advertising, and that no partnership or joint venture is intended or implied by either party.
🟢A date of commencement of the services will be agreed upon by both parties and charges will be applicable and effective on that date.
🟢A monthly report of performance services will be given to the clients upon request by the client.
🟢To provide the best experience for our clients Kesseswebsites & Advertising reserves the right to subcontract to more than 1 representative of KW or to a third-party service provider for some of the services.
🟢Either party may not cancel or fully transfer the service responsibilities to another service agency before a prior notice of at least 10 business days.
🟢Cancellation of service and refunds shall be governed by our Refund Policy.
🟢A person who is not a party to the Contract shall not have any rights under or in connection with it.
🟢We reserve the right to restrict some communication and correspondence between us and the client through email in order to keep records and evidence of our service to the client.
Payment
The client acknowledges and agrees to be billed for the full amount of the service fee agreed to by Kesseswebsites and the client for any service or product sold to the client. We use reputable third-party online payment processing companies such as Stripe and PayPal to receive payments and bill clients. We do not store your credit or debit card information whenever you make payment. By using any one of the payment processing companies we use for your payment, you agree to their terms and conditions. The client agrees to make full payment before work is resumed by us. If clients avail or use any monthly service package provided by KW then they are obliged to pay a full chargeable amount prior to the commencement of the work. If KW and the client agree on a fixed quote regarding any services the client may request to pay 50% of the billable amount in advance, prior to the commencement of the work. The remaining 50% of the payment will have to be made at the completion of the work or service. KW will decide whether to accept or refuse down payment on any quote and will also decide and notify the client when a service rendered to the client is fully completed. Kesseswebsites reserves the right to auto-bill the client each month for the monthly service. The client may request to be invoiced monthly, in advance. Also, if the clients do not pay a monthly invoice when it is due, Kesseswebsites shall terminate the services immediately. In this case, we will not be liable to issue a 10 day prior notice. All payments and transactions shall be made in US Dollars. If service is being provided to a client or business that resides outside the United States, the most recent currency exchange rate value shall be used both for payment and will also be applied in case of any refunds. If Kesseswebsite runs any ads on behalf of the client you agree to cover the cost of those ads. Note that 3rd parties we use for advertising on your behalf-- at their own discretion --may block an ad account or stop it from advertising due to certain rules they have implemented. You agree not to hold Kesseswebsites and Advertising responsible for this or for any loss in sales or business as a result of this.
Liability
Kesseswebsites and Advertising will not be liable for any indirect or consequential losses due to delay in obligated service deliverables, where the delay is because of natural or ungovernable causes. The clients will defend, cover and hold Kesseswebsites and Advertising harmless from and against any and all claims, losses, liabilities and expenses related to the services provided by KW to the clients under this agreement, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, or for any content submitted by you for publication by Kesseswebsites and Advertising on behalf of the client. As our client, you agree that you have complete rights to any digital content (Example images, videos, gifs, animation, text and similar content ) you provide to us to use in work or services for you. Due to the nature of digital media, any content/information given by the clients to KW for publication will be accessible by the public as soon as the publication is carried out or posted online. Kesseswebsites will not be responsible for screening the material and any damages or losses of profit, goodwill or any business asset due to the nature of the content being publicized. We reserve the right to reject the use of any content that promotes pornography, violence, racism, illegal drugs, child abuse, animal abuse, offensive, disturbing acts. The client will be responsible for any content on their website, advertising content, or chatbot once it goes live.
Waiver
If at any time during the term of a service contract, we fail to insist upon the strict performance of any of your obligations under the service contract or any of these terms and agreement, then this will not automatically free of you from any of the obligations mentioned in this terms and agreement and will not constitute a waiver. Any waiver of this terms and agreement will be valid officially only if it is communicated to you in writing. While we do our best to work in a timely manner, any delay by Kesseswebsites and Advertising in providing our services or falling short in meeting a client's deadline shall not be used as a waiver of this terms and agreement.
Privacy Policy and Rights
Information, like name, email, contact number, website URL that the clients provide us by filling a form or through email correspondence will be kept confidential and not be exposed to a third party, without the client's prior consent. However, the information will be made privy to present or future representatives or employees of Kesseswebsites and Advertising. KW may also provide such information to third parties that may assist KW in providing full service to you. Kesseswebsites will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. You agree that the transfer of data over the internet is inherently insecure, and any kind of security in this regard cannot be guaranteed by Kesseswebsites. Cookies are used to track the browsing information/preferences of web users and we may use Cookies to gather statistical data about your browsing pattern for optimizing our site. Some of the third party advertisers who have their ad links on our website may also use Cookies to gather statistical information about you. However, in no way Cookies give access to any of your personal information either to us or third-party entity. You have the right to always delete cookies from your web browser at any time, but every time you access our website or the site of third-party companies we use, cookies will likely once again be used to gather data about your browsing habits.
Intellectual Property and Ownership of Digital Assets
Digital content such as websites and advertising materials designed by us and paid for by clients belong to the clients. The client cannot claim ownership rights to service or digital content created by Kesseswebsites that hasn't been paid for by the client. The client is entitled to use any chatbot created by us and paid for by the client, however, Kesseswebsites reserves the right of ownership to the intellectual property or any knowledge used in building chatbots. For this reason, we may block the files of any chatbot from being edited or copied. The client may request to buy the full copyright ownership of the bot by settling with us on a specific fee we both can agree to.
Kesseswebsites and Advertising may use digital assets and other online and offline tools to generate leads or promote a business or service. Leads paid for and generated for the client belongs to the client, however, the client shall not have ownership of any digital asset or online and offline tools used by Kesseswebsites and Advertising. Examples of these assets and tools include Facebook pages, Facebook Ad Accounts, Ad Content, Ad Creation, and other related.
Refund Policy
The client is obligated to notify us about any cancellation at least 10 days in advance to give us enough time to prepare for cancellation and to pay any possible refunds that the client is entitled to. Work or services that have already been completed or rendered by KW to the clients cannot be refunded. In terms of paid monthly services, the client is entitled to terminate any monthly service before the next billing. Previous monthly payments paid by the client to Kesseswebsites and Advertising cannot and will not be refunded. In terms of a fixed payment agreement, partial refunds will be given proportionally based on the percentage of work completed and incompleted. For example, if the client paid $2,000 for a project and Kesseswebsites has already completed 50% of the work or service and the client decides to cancel everything at that time of incompletion, the client is then entitled to $1,000 of the total amount already paid to Kesseswebsites OR 50% of the monthly fees that have already been at the time of the cancellation for the same month. Kesseswebsites will decide the percentage of work completed. You the client agree not to initiate a false or wrongful chargeback. You agree not to falsely report to your bank that you have been fraudulently billed when you know very well it's a lie. We will provide your bank with lots of evidence to win that wrongful dispute. We will also immediately terminate any existing or future business relationship between Kesseswebsites and the corrupt client who does this. Also, this corrupt behavior will NOT waive your obligation to the terms and agreement.
Website and Third-Party Expense Obligation
In providing the best possible services to clients, Kesseswebsites may utilize some services and products offered by third-party platforms such as Bizness Apps, Wix, WordPress, ManyChat, Hosting, and Domain Registration companies. These companies mentioned do charge some small monthly fees for their services. You the client agree to cover the cost of such monthly payments or any major product provided by these companies that is needed for your project. As part of providing advertising services to you, we may need to run some paid ads for you. Funding for any type of ads run on behalf of you as the client will be covered by you or your business.
Third-Party Down-Time Agreement
As great as technology is, sometimes it can go down for a moment due to technical issues or maintenance purposes. As mentioned above, in order to provide you with excellent services, Kesseswebsites may utilize the services of some third-party companies such as Wix, WordPress, ManyChat, Facebook, Google and others. Although this rarely happens and is very uncommon, there are instances where such companies may experience technical difficulties and this can affect the website, advertising, Chatbot or other services rendered to you. You agree not to hold Kesseswebsites and Advertising in any way responsible for any kind of loss you may suffer as a result of the technical issue experienced by these third-party companies that we used to provide you service. Any downtime by these third-party companies that you believe affected you or your business does not waive your obligation to this terms and agreement or gives you an excuse not to make your service fee payments to Kesseswebsites. Advertising platforms we use to create ads for the client may shut down an advertising account at their own discretion. You agree not to hold Kesseswebsites responsible for the actions of any third-party companies used to create ads and promote products for the client.
Advertising Performance Agreement
We have mastered the art of digital advertising and will work hard to generate the best results possible for your business because your success is our success. You agree that advertising results can differ from one business to the other. Results can differ based on the monetary funds allocated towards the ads, the type of ads being run, and the value of clients you are looking for. All advertising platforms we use to generate traffic for you typically use an algorithm that needs some time to learn about your website, business, social media page, content, website visitor and click behavior of visitors in order to drive the right customer to your business. You agree that this algorithm learning period may take weeks for some businesses and months for others.
Kesseswebsites reserves the right to modify the above terms and conditions at any point in time, including the time of an ongoing contract. It's the responsibility of the client to check this page as often as possible for the most recent updates to these terms and agreement.