Terms of Service Agreement

Website Services - Terms of Service

AUTHORIZATION

You are engaging KMA Web Design, LLC, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased (website care plan or SEO services). In the event access to your website is necessary, you hereby authorize KMA Web Design, LLC access and “write permissions” to all directories and files of your account with any other third-party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.

COPYRIGHT

KMA Web Design, LLC does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.

CHANGE REQUESTS

Website change requests have a typical response time of 1 to 3 business days during normal working business hours and excluding holidays & vacations. Emergency website support requests are typically responded to in 1 to 2 weekday business days during normal working business hours and exclude holidays & vacations. All requests should be submitted to our support@kmawebdesign.com support inbox. Any task taking longer than 30 minutes will need to be scheduled and is exempt from the timeline listed above.

PRICING & PAYMENTS

All prices are subject to change without notice. Once a client of KMA Web Design, LLC, you authorize KMA Web Design, LLC to charge the payment method you submitted for all the invoices generated for the services rendered by KMA Web Design, LLC. In order to cancel your recurring service, simply contact KMA Web Design, LLC prior to your payment’s due date.

CANCELLATION & REFUNDS

Cancellation of any monthly recurring service can occur at any time after your first 1 month (30 days) of service.
 No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized by KMA Web Design, LLC.

REFUSAL OF SERVICE

KMA Web Design, LLC reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.

THIRD-PARTY OR CLIENT PAGE MODIFICATION

With a WordPress-based website, client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and KMA Web Design, LLC. 
If anyone other than KMA Web Design, LLC or its subcontractors attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $75 per hour beyond the time allotted in the purchased website service plan. There is a one-hour minimum.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.

KMA Web Design, LLC does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free.

You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with the client.

To the extent not prohibited by law, in no event will KMA Web Design, LLC be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however caused, even if KMA Web Design, LLC has been advised of the possibility of such damages.

KMA Web Design, LLC does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and KMA Web Design, LLC disclaims any liability relating thereto.

This Terms of Service Agreement is governed by the laws of Massachusetts without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with KMA Web Design, LLC or relating in any way to your use of the created webpages or Internet website resides in the courts of Massachusetts.

ACCEPTANCE

Please note that you are agreeing to all of our terms of service as they are written here. KMA Web Design, LLC reserves the right to change or update these terms at any time without prior notice. The client agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact us with any questions regarding the KMA Web Design, LLC terms of service by email at kerry@kmawebdesign.com.