Effective Date: 05/02/2025
- Introduction
1.1. These Terms and Conditions (“Terms”) govern your use of KPS Digital’s (“KPS Digital,” “we,” “us,” or “our”) website, services, and any associated products (collectively, the “Services”).
1.2. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must refrain from using our Services. - Definitions
“User,” “You,” or “Your” means any individual or entity accessing or using our Services.
“Agreement” refers collectively to these Terms, our Privacy Policy, and any other supplementary agreements referenced herein. - Eligibility and Scope
3.1. You must be at least 18 years old or the age of majority in your jurisdiction to use our Services.
3.2. These Terms apply to all users, including browsers, vendors, customers, and merchants, unless otherwise indicated. - Services Provided
4.1. KPS Digital offers digital marketing and related professional services, which may include but are not limited to website development, search engine optimization, and digital advertising.
4.2. The specific scope of services, deliverables, timelines, and fees will be described in a separate proposal or service agreement if applicable. - User Obligations
5.1. Accurate Information: You agree to provide accurate, current, and complete information during any registration or purchase process, and to update such information to keep it accurate and complete.
5.2. Compliance: You must comply with all applicable laws, regulations, and these Terms when using our Services. - Payments and Fees
6.1. Pricing: All fees for our Services will be specified in a proposal, invoice, or separate agreement. Prices are subject to change at our discretion, but we will notify you in advance of any price changes.
6.2. Payment Terms: Payment must be made according to the terms stated on your invoice or service agreement. If no terms are stated, payment is due within [X] days of receipt of invoice.
6.3. Late Payments: Failure to pay on time may result in interest charges, suspension of Services, or other lawful remedies. - Refunds and Cancellations
7.1. Refund Policy: Refunds will only be provided as set out in your service agreement or as required under the Australian Consumer Law.
7.2. Cancellation: Either party may cancel ongoing Services in accordance with the terms outlined in the relevant service agreement, or by giving written notice if no fixed term is specified. - Intellectual Property
8.1. Ownership: Unless otherwise stated, all content, software, designs, graphics, and other materials provided through our Services are owned or licensed by KPS Digital.
8.2. License to Users: Where necessary for you to utilise our Services, we grant you a limited, non-exclusive, non-transferable license to use our Intellectual Property solely for your own internal business purposes.
8.3. Prohibited Uses: You may not reproduce, distribute, modify, or publicly display any of our Intellectual Property without our prior written consent. - Confidentiality
9.1. Each party acknowledges that during the course of providing Services, Confidential Information may be disclosed by one party to the other.
9.2. Both parties agree to keep all such Confidential Information strictly confidential and to use it only for the purposes for which it was disclosed, unless otherwise required by law. - Disclaimers
10.1. Accuracy of Information: While KPS Digital uses reasonable efforts to ensure the accuracy of the information provided, we make no warranty or guarantee regarding the completeness, accuracy, or timeliness of any content.
10.2. No Warranty: To the fullest extent permitted by law, our Services are provided “as is” and “as available,” without warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose. - Limitation of Liability
11.1. Maximum Liability: To the extent permitted by law, KPS Digital’s liability for any claims arising from these Terms or your use of the Services is limited to the amount you paid us for the Services in question.
11.2. Consequential Loss: KPS Digital will not be liable for indirect, special, or consequential damages (including loss of profits, data, or business opportunities) arising out of or in connection with your use of our Services. - Indemnification
12.1. You agree to indemnify and hold harmless KPS Digital, its affiliates, directors, officers, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from your breach of these Terms or your improper use of our Services. - Termination
13.1. Termination by KPS Digital: We may terminate or suspend your access to the Services immediately if you breach these Terms.
13.2. Termination by You: You may terminate your use of our Services in accordance with any service agreement you have with us or by giving us written notice if no fixed term is specified.
13.3. Effects of Termination: Upon termination, all licenses granted by us to you in relation to the Services will cease immediately, and you must stop using our Intellectual Property and any proprietary materials. - Governing Law and Jurisdiction
14.1. These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and the Commonwealth of Australia where applicable.
14.2. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia. - Dispute Resolution
15.1. If a dispute arises, both parties agree to attempt to resolve it promptly and in good faith. If the matter cannot be resolved amicably, parties may seek mediation or other alternative dispute resolution methods before commencing litigation. - Severability
16.1. If any provision of these Terms is deemed invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect. - Amendments
17.1. We reserve the right to modify these Terms at any time. Changes will be effective when posted on our website. Your continued use of the Services constitutes acceptance of the revised Terms. - Entire Agreement
18.1. These Terms, along with our Privacy Policy and any applicable service agreement, represent the entire agreement between you and KPS Digital concerning the use of our Services and supersede any prior agreements. - Contact Us
19.1. For any questions or concerns about these Terms, please contact us at:
KPS Digital
Email: k1thomopoulos@gmail.com
Phone: 0452 644 354