Agreement

Terms and Conditions Agreement

1.         Billing and General Terms

1.1      Payment

All payments are due upon receipt. Late payments will be charged a 10.5% compounded monthly late fee and rounded to the nearest percentage point for daily fee. Should a payment be late, Kow Abundant reserves the right to freeze all work until accounts are settled. Payments will be made via bank transfer or credit card. Monthly payments will be billed on or near the same date as the initial order of each month. This cost will be removed from your invoice after the first month. If a payment is late and we have a payment on file for you we reserve the right to attempt to collect payment using your payment info. Payment by check requires prior authorization and approval by Kow Abundant. Check payment is subject to additional costs for processing and delays.

For bad checks there is a mandatory $40 fee applied resulting from bad or returned checks, online bill pay is preferred to save on costs and limit payment issues. If you have trouble paying or need help with payments please contact us.

Client accounts may also be canceled after 2 or more late payments or nonpayments. The bills will see be due however and collections will result from nonpayment.

1.2      Point of Contact & Training

Kow Abundant will require one point of contact during the Agreement for clarifying requirements for advertising and maintenance work. Kow Abundant requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions) and to have authority to make advertising and related decisions for the business.

1.3      Response Time

Kow Abundant will make every effort to reply to inquiries within 24 hours except where The Client has been previously notified of a period of limited availability. Kow Abundant will respond in good faith but cannot guarantee any specific action within a given time frame.

1.4      Dependencies

In the event that any aspect of this agreement is dependent on a separate third party or the Client’s in-house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. Kow Abundant is not responsible for any delay or defect caused by a separate third party or the Clients in-house teams.

1.5      Backups

Kow Abundant maintains internal backups of active project keywords and ad files and also relies on online backup services. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this agreement. While the Kow Abundant backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data.

1.6      Limited Liability

The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) The Client shall also be responsible for the continued operation and maintenance of the ad accounts or campaigns once an agreement is complete and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors, and manufacturers.

The Client agrees that any liability of Kow Abundant relating to this agreement and the services performed shall be limited to a number of fees actually received by Kow Abundant, from the Client under this agreement regarding the services in question. In no event shall Kow Abundant be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.

1.7      Warranty

Kow Abundant does not provide a warranty for Ad Services, SEO, or Social Media services but will correct and modify ads, SEO, and Social Media as needed to optimize performance.

For warranties on website products or websites, site release or when made live on your domain is considered “Approval”. From this time, any agreements are rendered. This either covers your warranty prior to or up until that time as per your own agreement or proposal on the project.

1.8      Credit

Kow Abundant retains the right to use the Client within its roster of clients. A link to the client website/application website may be placed on the Kow Abundant website as part of its business portfolio. If your website or application was developed by Kow Abundant we may, at our discretion, place a URL link on the footer of your website. If you wish to have it removed simply email, call, or text us so.

1.9      Cancellation

A client may cancel the Ad Services at any time.  There will be no fee for this cancellation, however, no refund will be issued for month-to-month service agreements. As this service is no contract and month to month, a client will not owe any additional service fee after pausing or canceling. This cancellation does not extend to listings which requires a 6 month commitment on services. If a client cancels listings services prior they owe a balance to cancel their listings in the amount equaling 6 months of listing services. Please cancel your service by emailing ted@kowabundant.com or text/call 614-230-2308 to inform us of the cancellation.

We adhere to the privacy of our clients. Canceled accounts will be removed from our service links after 1 year and as a result, a new setup fee cost will be needed to re-add you to the system after this time.

Client accounts may also be canceled after 2 or more late payments or nonpayments. The bills will see be due however and collections will result from nonpayment.

1.10      Subscription

Subscriptions are priced for one website domain (SEO services) or Google account (Google Ads services) at a time. Social media management subscriptions are limited to one Facebook and one Twitter account per purchased subscription package. Additional accounts or businesses will require an additional subscription to be purchased. Price includes management cost only and does not include Google advertising cost. This cost is separate and will be made by the customer on their own Google account directly via bank transfer or credit card. Kow Abundant is not responsible for payments to those services and it is the customer’s responsibility to remain current with accounts to keep ads running. You will continue to be billed unless notified, a service management monthly cost by Kow Abundant. This will occur even if you do not have an active Google credit available unless you notify us to pause your campaigns. So it is in your best interest to keep your advertising accounts current.

Client initial setup cost covers all new accounts to be added to all system-wide tools, SEO tools, Google Ads partner accounts, Google search console, SEMrush tools and so on. Existing clients that have paused their subscriptions and wish to resume do not have to pay this initial setup cost so long as they resume service within 3 months of pausing unless otherwise agreed. Contact Kow Abundant if you need additional time 614-230-2308 or email kowabundant@gmail.com

1.11      Billing Invoice Date Adjustments

Your invoice due date has the right to be adjusted once per calendar year. This adjustment shall not exceed 10 consecutive calendar days and prior invoice payments are still due and must be paid before invoice date adjustments made.

1.12      A Note on Affiliation With Google

Although we provide exceptional service to various advertising accounts we are not officially affiliated with Google, Facebook, or Twitter. This agreement is separate from Google, Facebook, Twitter agreements. As such, you must agree to those companies service agreements to have a valid account and advertise. Their agreements are separate from this agreement.

1.13      Google Ads & PPC Budgets & Payments

By working with Kow Abundant you also accept the terms relative to the Google Ads and Microsoft (Bing) Ads agreements. Google Ads maintains that budgets can be higher or lower than your set daily limits by factors up to and sometimes more than 20% of daily budget. For more information on Google Ads budgets visit here. Kow Abundant makes every good faith agreement to stay within limits of your set budget but fluctuations can occur that may exceed your overall budget. Kow Abundant recommends that you check with us and view your own Google Ads account to monitor ad spend as well.

Client agrees to pay in-full Google Ads, Bing Ads, Facebook, Instagram, Social Media, Youtube, and any PPC budgets directly to vendors. They also agree to handle any payment or credit card disputes directly with their vendors or credit card companies. Kow Abundant does not handle direct payments to vendors and relies on their clients to maintain payments profiles and vendor payments to continue ads on any of those platforms.

2.         Video Services & Production Work

2.1      Script Changes Prior to Shoot

All script changes must be made 3 days prior to shoot or before. Due to bookings and prep for the shoot, changes to script cannot be made any closer to the date of the shoot. Scripts are printed out prior to the shoot and a shot list is created as well as other prep work to make the most of the time.

2.2      Talent Release

Any talent will be supplied by the client and it is the client’s responsibility to obtain release forms. All legal responsibility falls on behalf of the client with regard to talent as the client owns the rights to the video. General release forms can be supplied by Kow Abundant but are only a recommendation as we cannot give legal advice.

2.3      Overtime Billing

If shooting takes longer than the allotted time, it is the responsibility of the client to pay overtime billing to pay for the photographer and time spent shooting. If overtime occurs, the client will be notified during the shoot if they wish to continue. Reshoots cost extra as there is a $250 minimum for the photographer for location shooting.

2.4     Cancellations within 24 hours

If a cancellation or reschedule of shooting occurs within 24 hours, the client is responsible for payment of 50% of the total cost of the shoot if cancellation is made within 24 hours of scheduled original shoot time. This cost is non-refundable and covers prior booking costs for the crew. Any changes or rescheduling of shoots must be made 48 hours prior by 10am that business day, otherwise, late/cancellation charge is applied above.

2.5      Video Rights

The client owns the rights to their video. Upon approval, the video will be uploaded to their youtube page where they are free to share it as they wish. Broadcast rights may not be allowed if narration or audio tracks were used as they are usually only for online distribution. All audio and video used is creative commons or public license for use online in Youtube or social media channels.

2.6      Video Edits

Limited Video Edits Policy: We value the importance of getting your video project just right. To ensure efficiency and satisfaction, we provide up to a maximum of three rounds of video edits or updates, allowing you to fine-tune your project to your specifications. Please note that these three revisions are the maximum included in the initial project scope. Should you require additional revisions beyond these, we are happy to accommodate your needs. However, please be aware that any further edits will be subject to an additional fee, starting at a minimum of $150 per revision. This policy helps us maintain a high standard of quality and service for all our clients.

 

3.         Client Data

3.1      Data you provide

Kow Abundant takes steps to insure that your data is safe and secure that you provide. Your data is your data and we respect that. We do not share your data with unauthorized parties nor sell your data to others without your consent. By supplying data to Kow Abundant, you agree to the terms and conditions for sites or companies we supply that data to, such as Google, Bing, Yahoo, Apple, Facebook, Linkedin, or Microsoft.

We do not recommend you give us usernames nor passwords but sometimes that is easier for the business owner or the only option. In this case, you agree to share that data with us. We may store this in password managers or our CRM. Although the data is encrypted and protected using a secure password and 256-bit encryption we always recommend best security practices for your business. You agree not to hold Kow Abundant LLC responsible for data shared or lost due to third-party hacks or security issues. We always try to be a user instead for all accounts to prevent these password-sharing issues. You acknowledge that your shared passwords are for short-term use and once shared with anyone consider your password or login unsecure. For more info please view our Privacy Policy or contact us.

3.2      Data backups

Kow Abundant uses backup systems provided by third parties such as Microsoft, Dropbox, and Google. By providing us with your data such as client email lists, customer lists, addresses, names, phone numbers, etc., you agree that your data will be shared in order to use their services. You data is never sold to those companies and is kept private in the sense that it is not made public and is encrypted when shared to those companies.

3.3      Data Use

Your data will be used and shared with other companies such as Google, Mailchimp, Facebook, Apple, Microsoft to name a few to properly run and manage your advertising and marketing campaigns. This data will not be sold to these companies and only be used for marketing efforts to promote products and services you offer. We do not collect or save client lists for any purpose other than to serve your campaigns.

4.         Ai Content

4.1      Ai Created Content Policy

The client agrees that if they opt to add Ai content to their website such as blog articles or any text generated by content Ai systems such as ChatGPT or Bard that they take full responsibility for any future SEO ranking penalties should such arise.

Kow Abundant makes every effort to provide quality content and uses our own local writers first and foremost for blog pieces. Should the client use or opt to use Ai-created content such as ChatGPT for blog creation, it must go through a process of clearing by us to be used on their website. This is done at an additional cost. Further, the client assumes any and all responsibility for the content provided or created by such Ai programs as well as any rankings such as penalties or negative actions by search engines for using such tools to create content.

4.2      Legal action from Ai use

The client agrees that if they opt to add Ai content to their website or use Ai-generated content tools they agree to handle any and all legal matters related to Ai use resulting from their website use or digital marketing or digital ads. All legal matters will be handled by the client’s legal counsel if arbitration occurs. This extends if Kow Abundant uses Ai tools on clients materials and later arbitration occurs due to use of Ai generated or created content. This includes use of Midjourney, DALLE, or similar Ai tools used to create images or videos or other assets in use by client.

4.3      Dependencies

Kow Abundant makes every good faith effort to use fair-use and commercially licensed material. We purchase licenses and use active subscriptions for client purposes and to keep copyrights active. It is possible that the use of Ai tools uses sources that cannot be identified or could later be shown to use copyrighted material. If client approves Ai-created content then the client acknowledges the potential issues and future legal ramifications. Please consult the legal docs for Ai tools for respective copyright information. Please consult a lawyer for further legal details and how to best proceed for your business.

You acknowledge that you are solely responsible for Ai-created content and that Kow Abundant is not liable for any decrease or penalty in search rankings or website issues related to content added or Ai code used on your website that may result in your site going down. For more info please view our Privacy Policy or contact us.