Terms & Conditions

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1. Services
   These Terms and Conditions, along with the Disclaimers in Schedule A and the Service Descriptions in Schedule B (collectively, the “Agreement”), govern Kings Global Consulting’s performance of services outlined in the Services Agreement signed by the Customer. All defined terms in this document will match those in the Services Agreement, unless otherwise defined here.

2. Payment
   If the Customer is more than five (5) days late in any Service Fee payment, a $25.00 late fee will be charged, and the Customer may be required to enroll in automatic payments via credit card, unless otherwise agreed. BY USING A CREDIT CARD, YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If a chargeback is issued, whether deliberate or accidental, the Customer will owe Kings Global Consulting a $50 processing fee. Service Fees that remain unpaid for more than sixty (60) days will incur interest at a rate of 1.5% per month or the maximum permitted by law, if lower. Kings Global Consulting reserves the right to send delinquent accounts to a collection agency.

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If Kings Global Consulting must take action to collect overdue fees, including litigation or appeals, it shall be entitled to recover its attorneys’ fees and other costs.

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1. Term
   If the Customer seeks to end the Agreement immediately, Kings Global Consulting will impose an early cancellation fee equal to 50% of the total monthly fees, in addition to any other legal remedies available. Should either party terminate the Agreement before the end of the Term, the Customer agrees to pay all fees due to Kings Global Consulting up to the termination date within five (5) days.

2. Exclusivity
   If the Services include a Local Search package (“SEO Services”), Kings Global Consulting agrees not to provide SEO Services to any competing business within the Customer’s city or other agreed-upon territory for the Term of this Agreement.

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Outside of SEO Services, the Customer acknowledges and agrees that Kings Global Consulting may offer its services to any client, including competitors, without restriction.

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1. Representations & Warranties

   a. By Customer. The Customer represents, warrants, covenants, and agrees to:

   • Maintain its legal standing to perform under this Agreement and ensure that the Agreement does not violate other obligations.

   • Confirm ownership or authorized rights to content on its website.

   • Ensure that all provided content does not infringe upon third-party intellectual property rights.

   • Secure necessary authorizations for Kings Global Consulting to use its content.

   • Use the Services in compliance with applicable privacy and marketing laws, including the Telephone Consumer Protection Act.

   • Avoid any use of the Services that infringes on the intellectual property rights of others.

   b. By Kings Global Consulting. Kings Global Consulting represents, warrants, covenants, and agrees that:

   • It is legally qualified to fulfill its obligations under this Agreement, and performance does not violate other agreements.

   • Services will comply with all applicable laws and do not infringe upon third-party rights.
     Kings Global Consulting’s inability to perform due to uncontrollable conditions (e.g., natural disasters or government restrictions) will not be considered a breach of this Agreement.

2. Disclaimers
   Customer acknowledges that the Services are subject to the limitations in Schedule A, and Kings Global Consulting is not liable for any losses or damages arising from these limitations or actions by third parties. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND KINGS GLOBAL CONSULTING EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

3. Work Made For Hire; License By Customer To Kings Global Consulting

   a. All unique content created by Kings Global Consulting for the Customer is considered a “work for hire” and belongs to the Customer.

   b. The Customer grants Kings Global Consulting a perpetual, irrevocable, royalty-free license to use any improvements or skills gained from work under this Agreement.

4. Limitation of Liabilities and Remedy
   The Customer agrees that Kings Global Consulting’s total liability will be limited to the fees paid or payable under Section 2 of this Agreement for the year before any claim. Kings Global Consulting will not be liable for data loss, consequential, exemplary, indirect, incidental, or punitive damages.

5. Indemnification
   Each party agrees to indemnify and defend the other and its representatives against losses resulting from breaches of this Agreement. These indemnification obligations will survive the Agreement's Term.

6. Miscellaneous

a. Notices. All notices will be sent to the parties as listed in the Services Agreement or to:

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Kings Global Consulting
Contact Information Placeholder for Kings Global Consulting

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b. Confidential Information. Kings Global Consulting will protect Customer’s Confidential Information and only disclose it as necessary to perform Services or as required by law.

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c. Severability. If any provision is invalid, it shall be adjusted to reflect the original intent as closely as possible.

 

d. Waiver. Failure to enforce any provision does not waive the right to enforce it in the future.

 

e. Applicable Law and Forum. This Agreement will be governed by Kentucky law, and any disputes will be resolved in Fayette County, Kentucky. Both parties waive any right to claim the court is an inconvenient forum.

 

f. Parties in Interest. This Agreement is binding upon the parties and their respective successors. Assignment or delegation by the Customer requires Kings Global Consulting’s consent.

 

g. Headings. Headings are for convenience only and do not affect interpretation.

 

h. Entire Agreement. This document represents the entire agreement between the parties.

 

i. Independent Contractors. The relationship between the parties is one of independent contractors, not partners or agents.

 

j. Waiver of Jury Trial. Both parties waive the right to a jury trial for any disputes related to this Agreement.

 

k. Order of Precedence. In the event of a conflict, precedence follows: (1) Services Agreement, (2) Terms and Conditions, (3)

Service Descriptions.

 

SCHEDULE A

SEO DISCLAIMERS

a. Kings Global Consulting has no control over search engines' policies and cannot guarantee listings or rankings.

b. Rankings are affected by competitiveness and algorithm changes, so #1 rankings cannot be guaranteed.

c. Delays in content approvals may impact SEO results, and Kings Global Consulting is not liable for such delays.

d. Ad campaigns, strategies, and keyword lists are proprietary and access is not provided to third parties.

e. Kings Global Consulting is not responsible for changes made by others to the Customer’s site that may affect rankings.

f. Additional fees apply if Kings Global Consulting must reconstruct previously optimized content.

g. All costs incurred by third-party services are the Customer's responsibility unless explicitly stated otherwise.

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SOCIAL MEDIA DISCLAIMERS

a. Kings Global Consulting has no control over the policies of social media platforms regarding the type of sites or content they accept now or in the future. Customer’s content may be excluded or removed from any social media platform at any time at the platform's sole discretion.

b. Kings Global Consulting has no control over changes made by social media platforms to Customer’s profiles. Customer’s social media profiles may be excluded, disconnected, or deleted at any time at the platform's discretion.

c. Kings Global Consulting is not responsible for any changes made to the Customer’s content by third parties.

d. Kings Global Consulting is not responsible for Customer modifying or deleting social media content associated with ad spend. Additional fees will apply for reconstructing such content or ad spend.

e. Kings Global Consulting has no control over changes made to Customer’s social media platform information by the platform itself.

f. Kings Global Consulting is not responsible for creating photo or video content. We will use client-provided content and stock photography as necessary.

g. Kings Global Consulting has no control over account verification and privacy settings for accounts locked by social media platforms. While Kings Global will use commercially reasonable efforts to assist in regaining access, it is understood that any delays from the Customer may affect fulfillment of services.

h. Kings Global Consulting is not responsible for changes to Customer’s website by third parties that negatively impact search engine rankings.

i. Kings Global Consulting is not responsible if the Customer overwrites SEO work on their website (e.g., uploading new content over optimized work). Reconstructing content will incur additional fees.

j. Any costs billed by a hosting provider, support channel, or third-party are the responsibility of the client unless stated otherwise in writing.

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WEB DESIGN DISCLAIMERS

a. Kings Global Consulting has no control over the policies of search engines regarding the types of sites or content they accept. Customer’s website may be excluded from search engines or directories at any time.

b. Due to the competitive nature of keywords and search engine algorithms, Kings Global Consulting does not guarantee #1 rankings or consistent first-page results for any keyword, phrase, or search term.

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c. The following services are not included:

• Graphic Design: Graphic design services, including logos, are offered by our partners and quoted separately.

• Content Creation: Clients must provide content unless otherwise agreed.

• Maintenance: Maintenance and updates are not included and will be billed at $150/hour.

• Email: Email setup and management are the responsibility of the Customer or can be provided by Kings Global Consulting at an additional fee. 

• E-commerce: Kings Global Consulting is not responsible for inventory updates, order processing, or payment issues in e-commerce operations.

• Third-party Integrations: Kings Global Consulting cannot guarantee functionality or maintenance of third-party applications, such as schedulers or POS platforms.

d. Kings Global Consulting is not responsible for third-party changes to the Customer’s website that adversely affect its performance.

e. Kings Global Consulting aims to make websites accessible; however, we cannot guarantee full WCAG 2.0 compliance. WCAG compliance may require significant changes or redesigns.

f. Customers are responsible for complying with laws and regulations relevant to their activities, such as data privacy and marketing laws. Kings Global Consulting is not responsible for configuring services to ensure compliance with laws, including the Telephone Consumer Protection Act.

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HOSTING SERVICES DISCLAIMERS

a. Kings Global Consulting's hosting may be provided through third-party providers, such as Amazon Web Services ("Hosting Provider"). Kings Global Consulting is not liable for Hosting Provider actions.

b. Kings Global Consulting may enhance or change hosting services, maintaining equal or improved functionality as previously provided.

c. Hosting services adhere to Hosting Provider policies, and Customers must comply with all applicable policies.

d. Customers are responsible for data backup. Kings Global Consulting will not store backup data for hosting services.

e. Hosting Provider controls server security, and Kings Global Consulting is not responsible for security breaches. Customers agree to rely on the Hosting Provider’s security measures.

f. Monthly hosting fees cover server space and SSL certificates. Hosting Provider fees may change, and Customer agrees to pricing changes.

g. If Customer fails to pay hosting fees, violates Hosting Provider policies, or negatively impacts Kings Global Consulting’s provider relationship, Kings Global Consulting reserves the right to terminate services.