Terms & Conditions

By accessing or using the website kbvdigitalsolutions.com or any services provided by KBV Digital Solutions LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and KBV Digital Solutions LLC, located at 10808 Hemlock St, Overland Park, KS 66210.

KBV Digital Solutions LLC provides digital services including, but not limited to:

The scope, timeline, and pricing of services are defined in individual project proposals and agreements. Services commence upon receipt of a signed agreement and initial payment.

All projects begin with a written proposal that outlines the scope of work, deliverables, timeline, and pricing. A project agreement becomes binding when:

Any changes to the agreed scope of work after signing must be documented in writing and may result in additional costs and/or timeline adjustments (change orders).

Payment Schedule:

Accepted Payment Methods:

Late Payments:

Invoices unpaid after 15 days of the due date may incur a late fee of 1.5% per month on the outstanding balance. KBV Digital Solutions reserves the right to pause work on any project with overdue payments until the balance is resolved.

**Deposits:** Deposits are non-refundable once work has commenced. If the Company cancels a project before work begins, the deposit will be refunded in full.

**Completed Milestones:** Payments made for completed and approved milestones are non-refundable.

**Monthly Retainers:** Monthly fees are non-refundable. Cancellation of retainer services requires 30 days written notice. The final month's fee will be charged in full regardless of the cancellation date within that billing period.

**Exceptional Circumstances:** Refund requests due to exceptional circumstances will be reviewed on a case-by-case basis at the sole discretion of KBV Digital Solutions LLC.

**Client-Owned Assets:** Upon full payment, the client owns all custom code, designs, and content created specifically for their project, excluding third-party components, libraries, and tools.

**Third-Party Components:** Software libraries, frameworks, plugins, and tools used in development remain subject to their respective licenses (e.g., open-source licenses). KBV Digital Solutions makes no claim of ownership over such components.

**KBV Proprietary Methods:** KBV Digital Solutions retains ownership of its internal methodologies, tools, frameworks, templates, and know-how. Nothing in a project agreement transfers ownership of these proprietary assets.

**Portfolio Rights:** KBV Digital Solutions reserves the right to display completed work in its portfolio and marketing materials unless the client requests confidentiality in writing prior to project commencement.

To ensure timely project completion, clients agree to:

Delays caused by the client's failure to fulfill these responsibilities may result in timeline adjustments and/or additional costs.

KBV Digital Solutions warrants that:

**DISCLAIMER:** Except as expressly stated above, all services are provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be uninterrupted, error-free, or free of viruses or other harmful components.

To the fullest extent permitted by applicable law, KBV Digital Solutions LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, or goodwill, arising out of or in connection with our services or these Terms.

Our total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the total amount paid by you to KBV Digital Solutions LLC in the three (3) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project. This obligation survives the termination of any project agreement for a period of two (2) years.

Confidentiality does not apply to information that: (a) is or becomes publicly available through no breach of this agreement; (b) was already known to the receiving party; (c) is required to be disclosed by law or court order.

**Client-Initiated Termination:** Clients may terminate a project by providing 30 days written notice. The client will be invoiced for all work completed up to the termination date, and the deposit is non-refundable.

**Company-Initiated Termination:** KBV Digital Solutions reserves the right to terminate any project or service agreement if:

Upon termination by either party, all outstanding invoices become immediately due and payable.

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions.

Any dispute that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration in Johnson County, Kansas, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney's fees.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website with an updated "Last updated" date. Continued use of our services after changes constitutes acceptance of the new Terms. For active projects, changes will not apply retroactively without written agreement.

For questions regarding these Terms and Conditions, contact us:

KBV Digital Solutions LLC

10808 Hemlock St

Overland Park, KS 66210

Email: contact@kbvdigitalsolutions.com

Phone: (816) 560-7461