1. Agreement
The following terms and conditions govern the use of the services offered by Kontacks (“We”, “Us” or “Our”) through Our website (“Site”) or through any other platform or channel provided by Us.
By accessing this Site or using Our services, You agree to be legally bound by these terms and conditions, as well as Our Privacy Policy, which is incorporated by reference in these terms and conditions. If You do not agree to these terms, please do not accessor use Our Site or services.
2. Services
We offer various services, including contact management and organization, email marketing, and other related services (collectively, “Services”).
In providing the Services, We shall use Our reasonable efforts to meet any deliverables and deadlines set forth in the agreement between Us and You. However, We do not guarantee any specific results or outcomes for the Services provided.
3. Fees and Payment
The fees for the Services provided by Us shall be set forth in the agreement between Us and You. You agree to pay all fees in full and on time as set forth in the agreement. We reserve the right to suspend or terminate the provision of Services for any late or non-payment.
4. Intellectual Property
You acknowledge that We own all right, title, and interest in and to the materials, content, and intellectual property contained in Our Site and Services, including but not limited to text, graphics, logos, trademarks, trade names, service marks, copyrights, and other proprietary rights. You shall not use any of Our intellectual property without Our prior written consent.
5. Confidentiality
We shall treat all confidential information disclosed by You as confidential and shall not disclose such information to any third party without Your prior written consent, except as required by law or regulation. Similarly, You shall treat all confidential information disclosed by Us as confidential and shall not disclose such information to any third party without Our prior written consent.
6. Disclaimer of Warranties
We make no warranties or representations concerning the Site, Services or any content, products, or services provided through or in connection with the Site or Services. We disclaim all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, title, and noninfringement, and all warranties arising from course of dealing or usage of trade.
7. Limitation of Liability
Under no circumstances shall We be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the Site, Services or these terms and conditions, even if We have been advised of the possibility of such damages. Our total liability arising out of or in connection with the Site, Services or these terms and conditions shall not exceed the fees paid by You to Us during the preceding twelve (12) month period.
8. Indemnification
You agree to indemnify, defend, and hold Us and Our affiliates harmless from and against any and all liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with Your use of the Site or Services or Your breach of these terms and conditions.
9. Termination
We may terminate Your access to the Site or provision of Services at any time, with or without cause, at Our sole discretion. Upon termination, all rights granted to You shall cease.
10. Governing Law and Jurisdiction
These terms and conditions shall be interpreted and governed by the laws of [Enter applicable jurisdiction]. Any disputes arising out of or in connection with these terms and conditions shall be submitted to the exclusive jurisdiction of the courts of [Enter applicable jurisdiction].
11. Entire Agreement
These terms and conditions, together with the agreement between Us and You, embody the entire understanding and agreement between the parties, and supersede all prior negotiations, representations, or agreements, whether written or oral, relating to the subject matter hereof.
12. Amendments
We reserve the right to amend these terms and conditions at any time. Any amendments made shall be effective immediately upon posting on the Site. Your continued use of the Site or Services after any amendments shall constitute Your acceptance of the revised terms and conditions.
If you have any questions or comments about these terms and conditions, please contact us at support@kontacks.com.