Terms of Service

Agreement to These Terms

Welcome to KikStart Marketing ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, consultations, marketing services, and related content.

By accessing or using our website or engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, please discontinue use of our website and services.

Services

KikStart Marketing provides marketing consulting, website design and development, digital strategy, local SEO, Google Business Profile optimization, advertising guidance, automation solutions, branding, and related digital marketing services.

Our recommendations and services are intended to help businesses improve their marketing performance. However, because every business and market is different, we cannot guarantee specific business outcomes or results.

Eligibility

You must be at least 18 years of age or otherwise have the legal authority to enter into a binding agreement to use our services.

By using our website, you represent and warrant that you satisfy these requirements.

Acceptable Use

You agree not to:

• Use the website for any unlawful purpose.
• Attempt to gain unauthorized access to our systems or data.
• Introduce viruses, malware, or other harmful software.
• Interfere with the operation or security of the website.
• Copy, scrape, or reproduce website content using automated means without permission.
• Impersonate another individual or business.
• Violate any applicable local, state, federal, or international laws.

We reserve the right to suspend or terminate access for violations of these Terms.

Consultations and Professional Advice

Our consultations and recommendations are based on the information available at the time services are provided.

Marketing performance depends on numerous factors outside our control, including but not limited to:

• Industry conditions
• Competition
• Consumer demand
• Advertising budgets
• Search engine algorithms
• Business operations
• Client implementation of recommendations

Accordingly, unless expressly stated in a separate written agreement, we do not guarantee:

• Revenue increases
• Lead generation targets
• Search engine rankings
• Advertising performance
• Business growth
• Return on investment (ROI)

Quotes, Pricing, and Payment

Pricing for services will be communicated before work begins.

Unless otherwise stated:

• Quotes remain valid for thirty (30) days.
• Payment terms will be outlined in your proposal or invoice.
• Certain projects may require an upfront deposit.
• Outstanding balances may delay work or project delivery.
• Unless otherwise agreed in writing, payments made for services are non-refundable.

Service Commitments

Certain marketing packages are designed as long-term growth engagements and require an ongoing service commitment.

Unless otherwise agreed in writing, qualifying service packages require a minimum commitment of 12 to 18 months, depending on the package selected.

These longer-term engagements allow sufficient time to:

• Build and optimize marketing systems
• Improve search engine visibility (SEO)
• Establish a consistent online presence
• Implement and refine advertising campaigns
• Measure marketing performance
• Generate sustainable long-term business growth

The applicable commitment period for each package will be clearly stated in your proposal, quote, invoice, or service agreement before work begins.

Cancellation and Early Termination

Clients may request to cancel services by providing written notice.

For packages that include a 12- to 18-month service commitment, early termination may result in the remaining balance becoming due, an early termination fee, or other remedies outlined in the applicable proposal or service agreement.

Any exceptions or modifications must be agreed to in writing by both parties.

Intellectual Property

Unless otherwise agreed in writing:

• All content on this website is owned by KikStart Marketing or its licensors.
• This includes text, graphics, logos, branding, images, layouts, designs, software, code, documentation, and other materials.
• No content may be copied, reproduced, modified, distributed, or republished without our prior written consent.
• Ownership of custom project deliverables will be governed by the applicable proposal or service agreement and generally transfers only after full payment has been received.

User Content

If you submit information, documents, testimonials, project materials, or other content to us, you represent that:

• You own the content or have permission to provide it.
• It does not infringe upon the rights of others.
• It does not contain unlawful or malicious material.

You grant us a limited license to use submitted materials solely for providing the requested services unless otherwise agreed.

Third-Party Services

Our website and services may integrate with or recommend third-party platforms and providers, including but not limited to:

• Google
• Meta (Facebook)
• Microsoft
• OpenAI
• Firebase
• Scheduling platforms
• Payment processors
• Website hosting providers

We are not responsible for the availability, security, functionality, or policies of any third-party services. Your use of those services is governed by their respective terms and privacy policies.

Website Availability

We strive to maintain uninterrupted access to our website but do not guarantee continuous availability.

We reserve the right to modify, suspend, or discontinue any portion of the website or our services at any time without prior notice.

Disclaimer of Warranties

Our website, consultations, and services are provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, KikStart Marketing disclaims all warranties, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy
• Reliability
• Availability

Limitation of Liability

To the fullest extent permitted by applicable law, KikStart Marketing shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to:

• Your use of the website
• Marketing recommendations
• Business interruptions
• Lost profits
• Lost revenue
• Lost opportunities
• Loss of goodwill
• Loss of data
• Third-party service failures

Our total liability for any claim relating to our services shall not exceed the amount paid by you for the specific service giving rise to the claim.

Indemnification

You agree to defend, indemnify, and hold harmless KikStart Marketing, its owners, employees, contractors, affiliates, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the website or services
• Your violation of these Terms
• Your violation of applicable law
• Your infringement of any third-party rights

Privacy

Your use of our website is also governed by our Privacy Policy.

By using our website, you acknowledge that you have read and understood our Privacy Policy.

Termination

We reserve the right to suspend or terminate access to our website or services immediately if:

• These Terms are violated.
• Fraudulent or unlawful activity is suspected.
• Continued access may harm our business or other users.
• Required by applicable law.

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute arising under these Terms shall be brought exclusively in the appropriate state or federal courts located within California.

Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.

Changes to These Terms

We reserve the right to update or modify these Terms at any time.

Changes become effective immediately upon posting to this page with an updated "Last Updated" date. Continued use of our website or services after such changes constitutes acceptance of the revised Terms.

Contact Information

If you have any questions regarding these Terms of Service, please contact us.

KikStart Marketing
Email: support@kikstartmarketing.com
Website: https://kikstartmarketing.com

Entire Agreement

These Terms of Service, together with our Privacy Policy and any signed proposal, quote, invoice, or service agreement, constitute the entire agreement between you and KikStart Marketing regarding your use of our website and services and supersede any prior discussions or understandings relating to those matters. In the event of any conflict between these Terms and a separately executed written service agreement, the written service agreement shall control with respect to the services covered by that agreement.