Terms of Use

Kmarks Web & Computer Solutions

Website Terms of Use

Effective Date: January 26, 2026
Last Updated: January 26, 2026

 

These Website Terms of Use (“Terms”) govern your access to and use of the website operated by Kmarks Web & Computer Solutions (“Kmarks,” “we,” “us,” or “our”), located at https://kmarks-solutions.com (the “Site”).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

 


1. Company Information

Kmarks Web & Computer Solutions
113 E Bridge Street, Suite A
Wetumpka, AL 36092
Phone: (803) 361-0957
Email: support@kmarks-solutions.com

 


2. Modifications to Terms

We may revise these Terms at any time. Updates will be posted on this page with a revised date. Continued use of the Site constitutes acceptance of the revised Terms.

 


3. Eligibility and Permitted Use

You must be at least 18 years old to use this Site. You agree to use the Site only for lawful purposes and in accordance with these Terms.

You may not:

  • Attempt unauthorized access to systems or data

  • Introduce malware or harmful code

  • Scrape, harvest, or misuse Site content or data

  • Misrepresent your identity or affiliation

  • Use the Site in violation of applicable laws

 


4. Informational Nature of Content

All content on this Site is provided for general informational and marketing purposes only and does not constitute legal, financial, or professional advice.

Any pricing, timelines, or service descriptions are illustrative and non-binding unless confirmed in a written agreement signed by Kmarks.

 


5. Intellectual Property

All Site content—including text, graphics, logos, images, videos, and design—is owned by or licensed to Kmarks and protected by intellectual property laws.

You may not reproduce, distribute, modify, or exploit Site content without prior written consent.

 


6. User Submissions

Information submitted through contact forms, chat, phone, or email must be accurate and lawful. By submitting information, you grant Kmarks permission to use it to respond to your inquiry and evaluate services.

 


7. Privacy

Use of the Site is subject to our Privacy Policy. In the event of a conflict, the Privacy Policy governs matters related to personal data.

 


8. Third-Party Links

The Site may contain links to third-party websites. Kmarks is not responsible for third-party content, services, or practices.

 


9. Disclaimers

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
KMARKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted operation, error-free performance, or security.

 


10. Limitation of Liability

To the maximum extent permitted by law, Kmarks shall not be liable for indirect, incidental, consequential, or punitive damages arising from Site use.

Kmarks’s total liability for any Site-related claim shall not exceed $100.00.

 


11. Governing Law and Venue

These Terms are governed by the laws of the State of Alabama. Any disputes shall be resolved exclusively in state or federal courts located in Alabama.

 


12. Contact

Questions regarding these Terms may be sent to:
support@kmarks-solutions.com

 



Client Services Terms

Effective Date: January 26, 2026
Last Updated: January 26, 2026

These Client Services Terms (“Services Terms”) govern professional services provided by Kmarks Web & Computer Solutions (“Kmarks”).

If a written proposal, Statement of Work (“SOW”), or agreement exists, that document controls in the event of a conflict.

 


1. Scope of Services

Kmarks provides services including, but not limited to:

  • Website design and development

  • Application development

  • SEO and digital marketing

  • Paid advertising management

  • Website maintenance and support

  • Consulting and technical strategy

Services are limited to what is expressly defined in the applicable SOW.

 


2. Change Requests

Work outside the agreed scope requires a written change order. Additional fees and timeline adjustments may apply. Kmarks is not obligated to proceed without written approval.

 


3. Client Responsibilities

You agree to:

  • Provide timely access to required systems, accounts, and content

  • Ensure you have legal rights to all content provided

  • Respond to approvals and requests promptly

  • Maintain independent backups unless backup services are included

Delays caused by the client may extend timelines and increase costs.

 


4. Timelines and Dependencies

All schedules are estimates and depend on timely client cooperation and third-party services. Kmarks is not responsible for delays caused by hosting providers, registrars, platforms, vendors, or force majeure events.

 


5. Fees, Invoicing, and Payment

  • Invoices are issued per the SOW

  • Payment terms: Net 30

  • Late payments may incur reasonable late fees as permitted under Alabama law

  • Kmarks may suspend work for overdue balances


6. Deposits and Milestones

Deposits and milestone payments reserve production capacity and are non-refundable unless otherwise stated in writing.

 


7. Third-Party Costs

Clients are responsible for third-party expenses unless explicitly included, such as:

  • Hosting

  • Domain registration

  • Plugins, themes, licenses

  • Stock media

  • Advertising spend

 


8. Legal Compliance and Content

You are solely responsible for the legality, accuracy, and compliance of all content, including compliance with advertising, privacy, accessibility, and industry-specific regulations.

 


9. Intellectual Property

9.1 Client Materials

You retain ownership of pre-existing materials and grant Kmarks a license to use them to perform Services.

9.2 Deliverables

Upon full payment, you receive a non-exclusive, worldwide license to use final deliverables for business purposes.

9.3 Kmarks Materials

Kmarks retains ownership of proprietary tools, frameworks, and methodologies. Embedded materials are licensed, not sold.

9.4 Third-Party Components

Third-party components are subject to their respective licenses.

 


10. Portfolio Rights

By default, you grant Kmarks permission to display your name, logo, and project visuals in our portfolio and marketing materials.

You may opt out in writing prior to project completion.

 


11. Maintenance and Support

If you enroll in a maintenance plan, Kmarks provides:

  • Routine updates and agreed maintenance tasks

  • 24 business-hour response time for support requests

Response time refers to acknowledgment and assessment, not guaranteed resolution time.

Emergency services, malware cleanup, redesigns, or new features are excluded unless expressly included.

 


12. SEO and Marketing Disclaimer

Kmarks does not guarantee rankings, traffic, leads, or revenue outcomes. Results depend on market conditions, competition, algorithms, budgets, and third-party platforms.

 


13. Warranty

Services will be performed in a professional and workmanlike manner. Except as stated, all services and deliverables are provided “as is.”

 


14. Limitation of Liability

To the maximum extent permitted by law:

  • No liability for indirect, incidental, or consequential damages

  • Total liability shall not exceed the fees paid to Kmarks in the three (3) months preceding the claim

 


15. Indemnification

You agree to indemnify and hold Kmarks harmless from claims arising from:

  • Client-provided content

  • Legal non-compliance

  • Intellectual property violations

  • Misuse of deliverables

 


16. Termination

Either party may terminate for material breach not cured within ten (10) days after written notice. Client remains responsible for work performed and non-cancelable costs incurred prior to termination.

 


17. Confidentiality

Each party agrees to protect confidential, non-public business information disclosed during the engagement.

 


18. Governing Law and Venue

These Services Terms are governed by Alabama law. All disputes shall be resolved in Alabama courts.

 


19. Contact

Kmarks Web & Computer Solutions
113 E Bridge Street, Suite A
Wetumpka, AL 36092
Phone: (803) 361-0957
Email: support@kmarks-solutions.com

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