KVGO Terms of Service KVGO POLICIES / TERMS OF SERVICE

I. PRIVACY POLICY

We hate spam just as much as you do. We will never share your information with third parties unless required to do so by law or requested by you. The information we collect from you will be used to maintain your services with us and to represent the quality of our work to others, such as in our online portfolio.

II. OWNERSHIP OF WEBSITE

KVGO is a software as a service marketing program that includes a custom website built on the KVGO platform using WordPress. In order to have the website included in the KVGO agreement, clients must agree to a one year contract. Upon completion of a KVGO website design and completion of the one year contract, the client becomes the owner of the website created by KVGO. The client may continue to use the commissioned website to promote the client’s company or organization regardless of whether he/she chooses to continue their marketing services with KVGO. In order to continue using the KVGO marketing service, technical support and hosting the client must continue to pay the monthly service fee. The client does not have the right to resell the design or development to other companies. The client does have the right to add pages to the existing site. The client does not have permission to reuse pieces of work created by KVGO in a redesigned website that gives another company design credit. Should a client wish to move their website off of the KVGO platform and cancel their KVGO service, KVGO will prepare all media files, theme files, a copy of the database file as well as a list of required third-party plugins that much be purchased by the client and send to the email address on record. There is a $150 CDN fee for preparing the files for migration. KVGO will not be responsible for the accuracy or effective functionality of any website that is not running on the KVGO platform.

III. OWNERSHIP OF WEBSITE DOMAIN NAME

Website domain names are leased from domain name registration companies. When KVGO registers a domain name for a client, that registration will be made in the KVGO’s name. Upon payment of any outstanding fees, the client has the right to use that domain name regardless of whether he/she chooses to continue further services with KVGO. Domain name renewal and renewal fees are rolled into the monthly KVGO fee. If a client decides to end their KVGO plan after the first year, the domain will be released and it is up to the client to re-lease it from the domain name registration company if they with to keep it for their own use in the future.

IV. OWNERSHIP AND COPYRIGHT

All text and photos used as content in a KVGO website must be provided by the client (unless the client has hired KVGO for content development). The client must have ownership or written permission to use all content he/she provides for use. It is up to each client to ensure his/her design and/or content does not infringe on any trademark, service mark, or copyright. KVGO cannot be responsible for intellectual property infringements on behalf of clients. Also, KVGO cannot be responsible for client-submitted content. Clients should not mail irreplaceable photos or documents or send content that must be returned.

V. PROJECT INITIATION

The initiation of a KVGO project requires a signed or electronically submitted signup form and
payment of the first monthly KVGO payment.

VI. OUR FIRST MONTH WEBSITE LAUNCH GUARANTEE

KVGO takes pride in handling requests in a timely manner. Starting from the date of the project initiation as defined above, KVGO will make every attempt to conduct an onboarding session within two business days. On completion of the onboarding session, KVGO will proceed to complete and provide the client with website wireframing/prototyping within 5 business days. During this time, the client should make their best effort to provide KVGO with content, work with KVGO to create content, or have content created from a third-party content creation company. The build phase begins once the client has approved the mockup and once KVGO has all required content. At that point, KVGO will convert the approved wireframe/prototype and mockup into website format and add the content for the home page and all subpages within ten business days. This guarantee applies only to information-based sites. The turnaround time on e-commerce sites or websites with custom programming or other add-ons is based on the size of the project and the list of other projects in the development queue.

VII. PROJECT TIMELINESS REQUIREMENTS FOR CLIENTS

Project timeline can be hindered if the client does not provide feedback or required elements in a timely manner, such as participation in the onboarding session, feedback on a design mockup, sign-offs on project stages, text to be used as content on the web pages, photos for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if KVGO is waiting for content or other pieces of information, the client will be notified. If the client fails to handle the requests within ten business days, then KVGO will take any or all of the following steps to keep the project moving forward in a timely manner:

MOCKUP FEEDBACK

If the client fails to give feedback on the design mockup within ten business days, by default, the mockup is approved. If the client later wishes to change the design, additional charges may apply.

SITEMAPS OR PAGE NAMES

If the client fails to give feedback on the sitemap and list of web pages within ten business days, by default, KVGO will assign page names. If the client later wishes to change these page names, additional charges may apply.

CLIENT LOGO

If the client fails to provide a copy of an existing logo within ten business days, a substitute logo or company name graphic may be used. If the client later wishes to change the substitute logo or company name graphic, additional charges may apply.

PHOTOGRAPHY TO USE IN DESIGN

If the client has requested the design include a particular photo, and the client fails to provide the required photo within ten business days, a substitute photo may be used. If the client later wishes to change the substitute photo, additional charges may apply.

HOME PAGE TEXT

KVGO will provide a content writer for homepage text. If for a period of ten business days, the client fails to be available for a telephone interview with the writer, then the writer will compose the initial text without having interviewed the client, that text will be automatically used, and the client may change it later him/herself using the content management system (CMS). If the client is available for an initial interview in a timely manner, then the writer will also provide one round of revisions after the initial text has been written. If, for a period of ten business days, the client fails to offer any feedback on the home page text provided, then by default, that text is approved, and the client may change it later him/herself using the content management system (CMS).

TEXT AND OPTIONAL PHOTOS FOR ALL OTHER WEB PAGES

Unless the writer has been hired for additional pages, it is the client’s responsibility to provide content for all other pages on the website. If the client provides all text (and optional photos) within ten business days, then KVGO will add that content to the website. If the client fails to provide content for those pages within ten business days, then KVGO will complete those pages with simple placeholder text such as, “ABC Client offers many XYZ Services. For more information, please contact ABC Client.” The client will have the ability to add completed content later using the content management system (CMS).

OTHER ELEMENTS OR ADMINISTRATIVE DUTIES

There may be other elements required such as passwords for existing domain names, etc. Regardless of what elements may be required, if the client cannot or will not provide the required element or information within ten business days, KVGO reserves the right to make substitutions, leave elements out, or take other actions in order to complete the project.

VIII. HOW CONTENT MAY BE SUBMITTED

All content must be submitted electronically via email (contact us for the correct email address). Text must be selectable as actual text rather than as flattened images. Both text and photos/graphics must be clearly labelled with the name of the page on which they will be displayed. Content may not be submitted via fax or paper copies. Exceptions to this policy must be approved in advance and may incur a surcharge.

IX. HOW MUCH CONTENT MAY BE SUBMITTED PER PAGE

Due to web page load time considerations and the flat rate charged for web pages, there is a limit on what can be included in a single web page. A web page can hold the equivalent of about 2 pages of the content that would typically fit on an 8 1⁄2” x 11” piece of paper. If the content is straight text without any pictures, tables, graphs, etc., this equates to a maximum of 2000 words. If there are pictures, or tables, etc., then less text will fit. Additionally, a web page may include up to a maximum of six photos on a page. A photo gallery page with limited text may contain up to ten photos. If a client’s content does not fit within these parameters, one or more additional web pages should be purchased.

X. HOW REVISIONS TO A WEBSITE DESIGN ARE HANDLED

We take pride in providing attractive designs, and the vast majority of our clients are extremely pleased with the design we create for them. However, design is a subjective art, and not everyone’s tastes are the same. While we will gladly make design modifications for no additional charge while the project is in the design mockup phase (up to two rounds of revisions), it is important to be clear on how revisions to the look of a website design are handled. The presented design mockup and written approval from the client is the contract that describes what the look of a commissioned web design project will achieve. Design preferences, such as the look of the site, the color scheme, etc. should be specified at that time, prior to the commencement of the build phase. If any design preference stated in the onboarding session/form was not met, the adjustments will be made free of charge. If the client develops design preferences or changes his/her mind after the completion of the design phase and approval, adjustments will be made by the hour at $125.00 per hour.

XI. DESIGNS FOR SUB PAGES

Unless otherwise specified in the design contract, subpages of any website will use the same design look and feel as the home page. Mockups are not provided for subpages. Formatting requests for subpages will be considered but will not be guaranteed. If KVGO determines the need for specific looks or formatting for specific subpages, mockups will be created for client approval.

XII. HOW WEBSITE UPDATE REQUESTS/MAINTENANCE REQUESTS ARE HANDLED

Clients who have signed up for a KVGO plan receive a monthly website update. The standard half-hour maintenance plan is enough time to add about five photos or a few paragraphs of text. Clients on a KVGO plan may send update requests via email (contact us for the correct email address). If a client on a KVGO plan requests more than the scheduled amount of maintenance per month, he/she will be given a quote and, if approved, the additional work will be completed at a rate of $125.00 per hour and the turnaround time will be based on current workload.

XIII. HOW TECHNICAL SUPPORT IS HANDLED

Clients whose websites are hosted by KVGO have access to emergency technical support 24 hours a day. In the event of a website hosting outage, clients should submit a ticket on the KVGO website. The KVGO phone number is listed on the Contact Us page of our website. Please note, technical support cannot be provided for clients’ individual computer issues or for third party products or services. For clients who use KVGO email or Google G Suite, the email account password and settings will be provided, but it is up to the individual client to set up their email in an email software program or on their smartphone. If a client is unable to set up their email, the client should contract with a computer service company for assistance.

XIV. A CLIENT’S ROLE IN SECURITY

KVGO conducts monthly checks and updates to ensure any software on a client’s website is kept current. For example, WordPress, website plug-ins, or other software on the hosting server must be kept up to date at all times in order to ensure the latest security patches are in place. If a client is uncertain whether this applies to his/her website, he/she must inquire with a KVGO staff member. KVGO clients are also required to use secure passwords on all logins. A secure password should include a minimum of eight characters, include a mixture of uppercase letters, lowercase letters, numbers, and symbols, and should avoid commonly guessed or hacked elements. These elements include, but are not limited to, a client’s name, name of a spouse/child/pet, birthday or anniversary of self/spouse/child, words included in a standard dictionary, easily identifiable patterns such as 1234, 9876, qwerty, or asdf, or passwords in use with other service providers. If a client fails to protect the security of the server as described above, the client’s account is in jeopardy of possible termination.

XV. PAYMENT POLICIES

PROJECT FEES

The client pays the first month of their KVGO plan up-front before the project is considered initiated. Clients will be billed monthly by KVGO.

DELINQUENT ACCOUNTS

If the monthly KVGO fee has not been paid within a given month, a 10% penalty will be added, work will cease on your project and live sites will be suspended until payment is received. Balances that are not paid within 30 days will be reported to a credit bureau. Balances that are not paid within 60 days will be turned over to a collections agency.

XVI. BILLING ERRORS

If a billing error is noticed, the client should immediately contact KVGO. Refunds of overpayments will be made for up to a maximum of three months, so clients are urged to check billing statements regularly. Refunds of more than three months will not be processed. Additionally, KVGO reserves the right to bill clients for accidental undercharges for a maximum of up to three months.

XVII. SEARCH ENGINE GUARANTEE

Most every client would like his/her website to rank high in search engine results for selected keywords, yet search engine results are determined by a multitude of constantly changing factors, third party search engines, and the amount and quality of competition on the world wide web. KVGO guarantees certain search engine-friendly techniques will be used in the creating of each custom website, such as keywords in the title bar, ensuring search engines can index pages, and alternate text behind some images. If the keyword placement in these three areas is not to the client’s liking, KVGO will change these three items to the client’s choices one time for free. Subsequent or additional changes will be billed at the standard hourly rate. Additional search engine optimization (SEO) services are available for additional fees. KVGO cannot be held responsible for search engine results.

XVIII. SEARCH ENGINE OPTIMIZATION, SOCIAL MEDIA MANAGEMENT, AND MARKETING PLANS

Our Marketing Plans offer a variety of services, including search engine optimization and social media (Facebook, Twitter, etc.) management. These plans require a three-month minimum since it takes time to ramp up the effectiveness of these campaigns. After three months, the Marketing Plans convert to month-to-month plans, which may be cancelled at any time with a 45-day written notification. Services provided in the marketing plans will be specified in a written agreement since plans may be tailored to meet each client’s needs. No service or standard of service is implied unless in writing in the agreement, thus, clients must be sure to specify any specific request (such as a particular number of followers or a particular social networking tool used, etc.) in writing.

XIX. QUALITY GUARANTEE

We take pride in offering high quality services and professional customer service. While we make an effort to ensure every aspect of our service is to the client’s liking, we cannot control every variable. It is up to each client to regularly test the functionality of his/her website, email, and any other product or service to ensure everything works as desired. If any problem is discovered or error has been made, please report the problem to us immediately so we may take appropriate action. We cannot be responsible for perceived loss of revenue under any circumstances. Changes resulting from a client’s error and/or problems related to third party vendors or technology, such as hosting servers or browser software may result in additional charges.

XX. TERMINATION OF SERVICES

If the client changes his/her mind about doing work with KVGO during the course of the initial web design or development phase, the client will be responsible for the amount of work already completed. Depending on the amount of work completed at the time of cancellation, this may mean receiving a full refund, a partial refund, no refund, or owing additional fees. In order to protect clients from unintentional service interruption, clients wishing to terminate any services must request the service termination in writing.

XXI. THIRD PARTY VENDORS

Third party vendors may have separate terms of service agreements. KVGO cannot be held liable for disputes with third party vendors, regardless of whether or not the service is part of reseller agreement or referral. KVGO cannot be held responsible for lack of functionality or any other aspect of third party services.

XXII. REFUSAL OF SERVICE

KVGO does not accept projects that promote hate, intolerance, pornography, animal exploitation, or any other unethical practice. KVGO reserves the right to decline to do business with any client for any reason.

XXIII. CHANGES TO TERMS OF SERVICE

KVGO reserves the right to change these terms of service at any time for any reason.