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Terms of Service

Effective Date: June 17, 2025

Welcome to KC Digital Solutions, LLC (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our web development, software development, and consulting services (“Services”).

By engaging our services or using our website, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not use our Services.

Acceptance of Terms

By creating an account, signing a service agreement, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a business, you represent that you have the authority to bind that entity to these Terms.

Description of Services

KC Digital Solutions provides custom web development, software development, technical consulting, and related technology services for businesses. Our Services include:

  • Custom website design and development
  • Web application development
  • Business software solutions
  • Technical consulting and advisory services
  • Ongoing support and maintenance

Service Agreements and Project Terms

Custom Development Projects:

  • All projects require a signed Statement of Work (SOW) or Service Agreement
  • Project scope, timeline, and pricing are defined in individual agreements
  • Payment terms and schedules vary by project and are specified in each agreement

Consulting Services:

  • Provided on hourly or retainer basis as specified in consulting agreements
  • Rates and terms defined in individual consulting contracts

Ongoing Support:

  • Support services provided according to separate support agreements
  • Service levels and response times defined in support contracts

Payment Terms

Project Payments:

  • Deposits required before project commencement
  • Milestone payments due according to project schedule
  • Final payment due upon project completion
  • Payment terms typically Net 30 days unless otherwise specified

Late Payments:

  • Late fees of 1.5% per month apply to overdue balances
  • Services may be suspended for accounts more than 45 days overdue
  • Client responsible for collection costs and legal fees

Accepted Payment Methods:

  • Check, bank transfer, or credit card
  • Credit card payments subject to 3% processing fee

Intellectual Property Rights

Client Ownership:

  • Upon full payment, clients own custom code and content created specifically for their project
  • Clients receive all necessary files and documentation for their project

Company Rights:

  • KC Digital Solutions retains ownership of development methodologies, frameworks, and pre-existing tools
  • We may use completed projects as portfolio examples unless client requests otherwise

Third-Party Components:

  • Third-party software, libraries, and tools remain subject to their original licenses
  • Clients responsible for compliance with third-party licensing terms

Client Responsibilities

Project Cooperation:

  • Provide timely feedback and approvals as requested
  • Supply necessary content, materials, and access to systems
  • Participate in scheduled meetings and reviews
  • Respond to requests within agreed-upon timeframes

Content and Materials:

  • Client is responsible for accuracy and legality of all provided content
  • Client warrants they have rights to all materials provided
  • Client indemnifies Company against claims related to provided content

Acceptable Use Policy

Permitted Uses:

  • Use Services for legitimate business purposes
  • Comply with all applicable laws and regulations
  • Respect intellectual property rights

Prohibited Uses:

  • Illegal activities or content
  • Harassment, abuse, or harmful behavior
  • Unauthorized access to systems or data
  • Distribution of malware or malicious code
  • Violation of third-party rights

Service Availability and Support

Service Delivery:

  • We strive to meet all agreed-upon timelines and deliverables
  • Delays due to client feedback or scope changes may extend timelines
  • Force majeure events may impact service delivery

Support Services:

  • Support provided according to individual support agreements
  • Emergency support available for critical issues
  • Response times vary based on service level agreements

Limitation of Liability

Service Warranty:

  • Services provided with professional care and industry standards
  • No guarantee of specific business results or outcomes
  • Client responsible for backup and protection of their data

Liability Limitations:

  • Total liability limited to amounts paid by client in the 12 months prior to any claim
  • No liability for indirect, incidental, or consequential damages
  • No liability for lost profits, data loss, or business interruption

Confidentiality

Mutual Confidentiality:

  • Both parties agree to protect confidential information
  • Confidential information used only for authorized purposes
  • Confidentiality obligations survive termination of agreements

Client Data Protection:

  • Client data handled according to our Privacy Policy
  • Appropriate security measures implemented
  • Data retained only as long as necessary for business purposes

Termination

Termination by Client:

  • Client may terminate projects with written notice
  • Client responsible for payment of completed work
  • Termination terms specified in individual agreements

Termination by Company:

  • May terminate for breach of terms or non-payment
  • 15 days written notice for material breaches
  • Immediate termination for serious violations

Dispute Resolution

Governing Law:

  • These Terms governed by Missouri state law
  • Jurisdiction in Kansas City, Missouri courts

Resolution Process:

  • Good faith negotiation required before legal action
  • Mediation preferred for dispute resolution
  • Binding arbitration if mediation fails

Changes to Terms

Modifications:

  • Terms may be updated from time to time
  • Material changes announced via email or website notice
  • Continued use constitutes acceptance of updated Terms

Notification:

  • 30 days notice for significant changes
  • Minor clarifications effective immediately

General Provisions

Entire Agreement:

  • These Terms, together with individual service agreements, constitute the complete agreement
  • Supersede all prior negotiations and understandings

Severability:

  • Invalid provisions do not affect remaining terms
  • Terms interpreted to maximum extent permitted by law

Assignment:

  • Client may not assign rights without written consent
  • Company may assign rights with notice to client

Contact Information

Questions about these Terms:

KC Digital Solutions, LLC
Email: info@kcdigitalsolutions.com

Effective Date: June 17, 2025
Last Updated: June 17, 2025

By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.