Terms Of Service
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Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://kmdigitalcreatives.com/ website (the “Service”) operated by KM Digital Creatives (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
You are prohibited from downloading the copy of the materials (information or software) on KM Digital Creative’s website for personal, non-commercial or other miscellaneous purposes.
Under this license you may not:
-modify or copy the materials;
-use the material, for any commercial purpose, or for any public display (commercial or non-commercial);
-attempt to decompile or reverse engineer any software contained on KM Digital Creative’s website;
-remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
Your use of this website and communication with us is also governed by our Privacy Policy available here.
Intellectual Property
Intellectual Property: Unless otherwise agreed in writing, all creative work, designs, graphics, logos, and deliverables produced by KM Digital Creatives (“we”, “us”) remain our intellectual property until full payment is received. After full payment, copyright and ownership of deliverables created specifically for the Client will transfer to the Client upon written agreement.
Payments & Fees
Payments & Fees: All services are billed as per the agreed quote or proposal. Invoices must be paid within the timeframe specified in the proposal/invoice. Late payments may result in suspension of work until payment is received.
Disclaimer
The materials on KM Digital Creative’s website are provided on an ‘as is’ basis. KM Digital Creatives makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, KM Digital Creatives does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall KM Digital Creatives or its employees be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials/services on KM Digital Creative’s website, even if KM Digital Creatives or a KM Digital Creatives authorized representative has been notified orally or in writing of the possibility of such damage.
Data Accuracy
The data appearing on KM Digital Creatives website could include technical, typographical, or photographic errors. KM Digital Creatives does not warrant that any of the data on its website are accurate, complete or current. KM Digital Creatives may make changes to the data contained on its website at any time without notice. However, KM Digital Creatives does not make any commitment to update the materials.
Links to Other Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by KM Digital Creatives.
KM Digital Creatives has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that KM Digital Creatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Cancellation and Refunds
As per KM Digital Creative’s cancellation policy, a project can only be cancelled within 2 days after signing the project agreement and a refund will be issued for unbilled work, deducting the refund transaction charges ranging from 5-7%.
Refunds for the hourly projects are approved only for unbilled hours of work. Billed hours of work are non-refundable. If the client’s refund claim is approved, a refund will be issued for unbilled work hours, deducting the refund transaction charges.
Fixed price projects are refunded only when they are cancelled abiding by our cancellation policy.
Chargebacks
If we receive a chargeback or payment dispute from a credit card company or bank, your service and/or project will be suspended without notice. A chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done.
Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening a dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our the refund policy prior to making a payment.
Changes
KM Digital Creatives may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Force Majeure
We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, strikes, internet outages, pandemics, or governmental restrictions.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Karnataka, India, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Contact Us
If you have any questions about this Terms, please contact us.
