Client: The individual or entity engaging KDM for services.

Services: Graphic design, website design, video editing, digital marketing, and related offerings provided by KDM.

Deliverables: Final or draft outputs (e.g., designs, websites, videos, or marketing materials) provided to the Client as part of the Services.

Project: The agreed-upon scope of work outlined in a proposal, contract, or agreement.

Confidential Information: Any non-public information shared by either party, including business strategies, client data, or proprietary materials.

By engaging KDM’s Services, signing a contract, paying a deposit, or submitting forms through our website, the Client agrees to these Terms. Acceptance may be verbal, written (e.g., email or signed contract), or implied through payment or provision of materials. These Terms, along with any project-specific agreement or proposal, constitute the entire agreement between KDM and the Client, superseding all prior communications.

KDM collects information provided by Clients through forms (e.g., contact forms, project inquiry forms, or contracts) to facilitate service delivery, communication, and project management. This may include:

Personal details (e.g., name, email, phone number).

Business information (e.g., brand guidelines, marketing goals).

Project-specific materials (e.g., text, images, or logos).

Information collected is used to:

Provide and customize Services (e.g., designing a website or creating marketing campaigns).

Communicate with the Client regarding project updates, invoices, or revisions.

Improve our services and marketing efforts (e.g., analyzing anonymized data for trends).

Comply with legal obligations (e.g., tax reporting or data protection laws).

KDM is committed to protecting Client information:

We store data securely using industry-standard practices.

We do not share Client information with third parties without prior consent, except as required to deliver Services (e.g., sharing with subcontractors like hosting providers) or comply with legal requirements.

Clients may request access, correction, or deletion of their data by contacting us at [email protected], subject to applicable data protection laws.

Both KDM and the Client agree to keep Confidential Information private and not disclose it to third parties without written consent, except as necessary to perform the Services. This obligation survives the termination of the agreement.

KDM provides the following Services, as outlined in the project proposal or contract:

Graphic Design: Creation of logos, branding materials, print media, or digital assets.

Website Design: Design and development of websites, including layout, graphics, and basic functionality.

Video Editing: Editing and production of promotional, marketing, or other videos.

Digital Marketing: SEO, social media marketing, PPC campaigns, content creation, or email marketing.

Deliverables are specified in the project proposal or contract and may include:

Design files (e.g., .PSD, .AI, .PNG, or .JPEG).

Website files or access to a live website.

Edited video files (e.g., .MP4 or .MOV).

Marketing reports, ad creatives, or content schedules. All Deliverables are subject to the Client’s timely provision of required materials (e.g., text, images, or feedback).

KDM may engage subcontractors (e.g., developers or photographers) to assist with Services. Any subcontractor fees beyond the agreed project cost will be disclosed and require Client approval. KDM is not liable for third-party services independently engaged by the Client.

Fees are outlined in the project proposal or contract and may be based on hourly rates, fixed project costs, or monthly retainers (for ongoing services like digital marketing).

Additional costs (e.g., stock images, fonts, or third-party software licenses) will be disclosed and approved by the Client in advance.

A non-refundable deposit of 50% of the total project cost is required before work begins, unless otherwise stated.

For website development, a progress payment may be required before development starts, with the balance due before the website goes live.

For ongoing services (e.g., digital marketing), payments are due monthly by the 15th of each month.

Payments are accepted via bank transfer or PayPal.

Invoices are due within 7 days of receipt, unless otherwise agreed.

Late payments incur a fee of 5% per month on the outstanding balance.

KDM reserves the right to suspend Services, withhold Deliverables, or terminate the agreement if payments are overdue by 30 days or more.

Deposits and progress payments are non-refundable, as they cover initial work, planning, and resource allocation.

No refunds are issued for completed Deliverables accepted by the Client or for ongoing services (e.g., digital marketing) after the service period has begun.

If KDM fails to deliver Services as agreed due to its own fault, a partial or full refund may be issued at KDM’s discretion, proportional to the work not completed.

Refunds for third-party products (e.g., domain names or software licenses) are subject to the provider’s terms.

Clients may cancel a project by providing written notice (email or mail) to KDM.

If cancellation occurs before work begins, KDM may refund up to 75% of any deposit, at its discretion.

If cancellation occurs after work begins, the Client is liable for:

Payment for all work completed up to the cancellation date.

Any non-refundable third-party costs incurred (e.g., domain registration, website hosting).

For ongoing services (e.g., digital marketing or maintenance), a minimum 6-month commitment is required, with cancellation requiring 30 days’ written notice. The Client is liable for the remaining balance of the commitment period.

KDM may terminate the agreement with written notice if:

The Client fails to make payments within 30 days of the due date.

The Client commits a material breach (e.g., providing illegal materials or failing to provide required content) and does not remedy it within 14 days.

The Client’s non-cooperation delays the project excessively.

Upon termination, the Client must pay for all work completed and any outstanding fees. KDM may withhold Deliverables until payment is received.

Upon termination, KDM will provide the Client with any completed Deliverables for which payment has been received.

All website files, design assets, or other materials remain KDM’s property until full payment is made.

KDM may delete project files from its servers 30 days after termination, unless the Client requests a backup, if available, in writing.

Deliverables are provided according to the timeline in the project proposal, subject to the Client’s timely provision of materials and feedback.

KDM will deliver final files in industry-standard formats (e.g., .JPEG, .MP4, or website access credentials).

The Client has 7 days to review and request revisions. After this period, Deliverables are deemed accepted.

The project proposal specifies the number of revisions included (e.g., 2 rounds).

Additional revisions beyond the agreed number are charged at an hourly rate of 15% of original cost of the deliverable.

Upon full payment, KDM grants the Client a perpetual, worldwide, exclusive, transferable, royalty-free license to use the final Deliverables for their business.

KDM retains ownership of all draft files, native files (e.g., .PSD or .AI), and intellectual property until full payment is received.

The Client may purchase native files for 300% of the equivalent Deliverable cost, as outlined in the proposal.

KDM retains the right to use Deliverables in its portfolio or marketing materials unless otherwise agreed.

The Client warrants that any materials provided (e.g., logos, text, or images) do not infringe third-party rights. The Client indemnifies KDM against claims arising from such materials.

The Client is responsible for acquiring and maintaining licenses for third-party materials (e.g., stock images or fonts) used in Deliverables.

KDM will disclose any third-party costs and terms before incorporation.

Provide all required materials (e.g., text, images, or branding guidelines) in the format and timeline specified in the project proposal.

Respond to KDM’s requests for feedback or approvals within 7 days. Delays may extend project timelines or incur additional fees.

Ensure all provided materials are lawful and do not infringe third-party rights.

KDM is not liable for indirect, incidental, or consequential damages (e.g., loss of profit or business opportunity) arising from the Services or Deliverables.

KDM’s total liability is limited to the amount paid by the Client for the Services.

KDM warrants that Deliverables will be free from material defects and conform to the project specifications for 30 days after delivery. KDM will correct any defects at no cost, provided the Client notifies KDM within this period.

KDM does not guarantee specific results (e.g., SEO rankings or marketing performance) due to factors beyond its control.

The Client agrees to indemnify KDM against claims, damages, or expenses arising from the Client’s use of Deliverables or provided materials.

Any disputes arising from these Terms will first be addressed through good-faith negotiation between KDM and the Client.

If unresolved, disputes will be submitted to mediation. If mediation fails, the matter will be governed by the laws of South Africa and resolved in the courts of Gauteng, South Africa.

KDM is not liable for delays or failure to perform due to events beyond its control (e.g., natural disasters or server outages).

If any provision of these Terms is found unenforceable, the remaining provisions remain valid and enforceable.

KDM may update these Terms at any time by posting the revised version on its website. Continued use of Services after updates constitutes acceptance.

These Terms are governed by the laws of South Africa.

For questions or notices regarding these Terms, contact: Kaiizar Designs & Marketing at [email protected]