Terms of Service
Last updated: September 06, 2024
These Terms of Service (“Agreement”) govern your use of the website located at http://www.kunkoagency.com (the “Site”) and the services provided by Kunko, LLC (doing business as Kunko Agency) (“Kunko Agency,” “we,” “us,” or “our”). By accessing the Site or using our services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Site or services.
1. Services
Kunko Agency provides marketing automation, email and SMS marketing, and funnel-building services for SaaS, e-commerce stores, and digital businesses. These Terms apply to all visitors of the Site and clients who engage our services. By using our services, you agree to the terms outlined in this document.
3. Use of the Site
By accessing our Site, you agree to use it only for lawful purposes and not to engage in any behavior that may disrupt or damage the Site or interfere with other users. We reserve the right to terminate or restrict access to the Site at our discretion, without notice or liability.
5. Additional Services and Charges
Any additional services requested by the Client that fall outside the initial scope of the agreement will be billed at $120 per hour. Kunko Agency will seek client approval (email is sufficient) before performing additional services. Please note that the total cost may not always be able to be estimated in advance.
7. Payments and Billing
All payments for services provided by Kunko Agency are due in full at the time specified in the invoice or agreement. If you fail to pay for services as agreed, Kunko Agency reserves the right to suspend or terminate services and pursue legal remedies for unpaid invoices. Payments for additional services will be billed as outlined above.
9. Dispute Resolution
In the event of a dispute between Kunko Agency and the Client, the parties agree to attempt to resolve the matter amicably. If a resolution cannot be reached, the matter will be subject to Delaware law and the courts in Delaware. Kunko Agency reserves the right to pursue any unpaid amounts, including legal fees and costs associated with collection, from the Client.
11. No Guarantees
Kunko Agency makes no guarantees or warranties regarding the outcome or results of our services. Examples of past results are not promises of future success. Clients agree to understand that results may vary based on a variety of factors beyond Kunko Agency’s control.
13. Privacy Policy
Our Privacy Policy, available at https://www.kunkoagency.com/privacy-policy, outlines how we collect, use, and protect your personal information. By using our Site or services, you consent to the collection and use of your data in accordance with our Privacy Policy.
15. Severability
If any provision of these Terms is deemed illegal, invalid, or unenforceable, such provision shall be severed, and the remaining Terms shall remain in full force and effect.
2. Termination of Services
Clients may terminate any service agreement with Kunko Agency at any time with 7 days’ written notice. Kunko Agency reserves the right to terminate services at its discretion, including for breach of these Terms. Under no circumstances will Kunko Agency issue refunds for services already rendered.
4. Proprietary Information and Portfolio Use
Kunko Agency reserves the right to use materials created as part of the services provided for portfolio, marketing, and promotional purposes. This includes displaying work on our website, social media platforms, and other advertising channels. If you wish to limit the use of specific materials, please inform us in writing.
6. Limitation of Liability
Kunko Agency is not liable for any incidental, consequential, or indirect damages, including but not limited to loss of profits, business interruptions, or errors caused by faulty or incomplete information provided by the Client. The maximum liability for Kunko Agency under any circumstance is the amount paid by the Client for the services rendered. Kunko Agency is not responsible for delays or damages due to causes beyond our control.
8. Refunds
All sales are final. Once services have been rendered, no refunds will be issued. Clients are responsible for reviewing and approving services before finalization.
10. Communications
All communications between Kunko Agency and the Client will primarily take place through email and Slack. The Client may request video calls by emailing diego@kunkoagency.com. Our business hours are Monday to Friday, 8 AM to 5 PM EST. We typically respond to emails within 24-48 hours, excluding weekends and holidays.
12. Website Content
The content on our Site is provided for general informational purposes only. We make no guarantees regarding the accuracy, completeness, or usefulness of this information. Kunko Agency is not responsible for any damages that may arise from your reliance on the content provided on our Site.
14. Modifications to Terms
Kunko Agency reserves the right to modify or update these Terms at any time without prior notice. It is the Client’s responsibility to review these Terms regularly. Continued use of the Site or our services after any modifications constitutes acceptance of the updated Terms.
16. Entire Agreement
These Terms constitute the entire agreement between Kunko Agency and the Client. No other agreements, written or oral, apply unless explicitly stated and signed by both parties.