Effective Date: 01.01.24
These Terms and Conditions (the “Agreement”) govern the services provided by Kamis Collection LLC DBA Launch Kit (“Launch Kit,” “we,” “us,” or “our”) to its clients (“you,” “your,” , "member" or “client”). By engaging Launch Kit’s services, you agree to the terms outlined below.
Website Updates
Update requests must be submitted via ClickUp. Content updates to existing pages are typically completed within 1–3 business days, and the development of new pages is typically completed within 7–10 business days. Turnaround times may vary due to unforeseen circumstances or workload demands.
Blog, Portfolio, and Job Listing Posts
Clients enrolled in Business Pro or Master Suite plans may submit materials for posting to blogs, portfolios, or job listings. Launch Kit will handle uploading and formatting, but clients are responsible for drafting their own articles or written content.
Membership Plans
Clients may upgrade or downgrade their membership plan at any time. Downgrading plans may result in a loss of features or services. Memberships may be canceled at any time, with websites being temporarily taken offline upon cancellation. Reactivation is possible if the membership is reinstated. Clients retain ownership of written content, imagery, and customer data generated from the website. However, the website itself remains in Launch Kit’s Webflow account and will not be transferred to the client.
Website Design and Development
The scope of design and development is based on the selected package. Additional features or modifications beyond the agreed scope may incur additional fees. Clients retain ownership of written content, images, and logos provided by them. Launch Kit retains ownership of website code, designs, and tools used. Launch Kit is not responsible for downtime or malfunctions caused by Webflow, third-party plugins, applications, or integrations.
Website Hosting
Websites are hosted via Webflow’s hosting platform. Launch Kit is not liable for hosting-related technical issues, downtime, or data loss but will work with Webflow on your behalf to troubleshoot hosting-related issues.
Graphic Design
Clients retain ownership of final graphic design files upon full payment. Raw design files (e.g., Photoshop or Illustrator files) may be provided upon request for an additional fee. Clients are entitled to a specified number of revisions, which must be requested within the agreed-upon timeframe after receiving initial designs.
Photography and Videography
Clients receive full usage rights to edited photos and videos upon delivery, but raw files remain the property of Launch Kit unless purchased separately. Content production days must be scheduled at least 48 hours in advance and are subject to availability. Half-day productions include up to three active hours on-site. Local production pricing applies to locations within a 30-mile radius of Launch Kit’s Grand Rapids office. Travel outside this radius is billed at $0.65 per mile, and extended travel is subject to additional hourly and travel expenses.
Content Membership
Clients retain ownership of edited photos and videos upon delivery. Raw files are temporarily stored and can be provided upon request. Unused production days and deliverables do not roll over to subsequent billing periods. Content is delivered via Google Drive.
Digital Advertising
Launch Kit will create and manage digital advertising campaigns on platforms including Meta (Facebook and Instagram), LinkedIn, TikTok, and Google Ads. Campaign goals, budgets, and strategies will be outlined in the service agreement. Clients are responsible for their advertising budgets, and Launch Kit will not front advertising costs unless explicitly agreed in writing. Results are influenced by factors such as market trends and audience behavior, and specific outcomes (e.g., ROI, leads, or sales) cannot be guaranteed.
Payment Terms
Clients will be billed monthly for agreed-upon services, with payments collected via ACH transfer or credit card. Payments will be automatically processed on the billing date. Late payments (beyond seven days) incur a 5% late fee, and non-payment beyond 30 days may result in suspension of services.
Ownership of Deliverables and Data
Clients own copyrights to photo, video and graphic design deliverables created by Launch Kit under the United States Copyright Act and retain ownership of user data and leads generated through marketing efforts. Clients grant Launch Kit the right to use project materials for marketing purposes unless otherwise requested in writing.
Service Limitations
Launch Kit will make reasonable efforts to achieve marketing goals but does not guarantee specific outcomes. Performance may be affected by variables outside Launch Kit’s control, such as market conditions or platform changes.
Third-Party Expenses
Costs incurred from third-party services, including advertising platforms, stock imagery, and hosting fees, will be invoiced at cost or paid directly by the client. Launch Kit will obtain client approval before incurring such expenses.
Confidentiality
Both parties agree to maintain confidentiality regarding proprietary or sensitive information exchanged during the Agreement, including but not limited to marketing strategies and financial data. Disclosure is permitted only with prior written consent or as required by law.
Non-Solicitation
Clients agree not to solicit or hire Launch Kit employees or contractors for a period of 12 months following the termination of this Agreement.
Liability and Indemnification
Launch Kit is not liable for indirect, consequential, or incidental damages, including loss of profits or business interruptions. Clients agree to indemnify and hold harmless Launch Kit against claims arising from breach of this Agreement or misuse of deliverables.
Force Majeure
Launch Kit shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including acts of God, government restrictions, natural disasters, labor strikes, or platform outages.
Dispute Resolution
Disputes will first be addressed through informal negotiation. If unresolved, they will be submitted to binding arbitration under the rules of the American Arbitration Association.
Governing Law
This Agreement is governed by the laws of the State of Michigan. Disputes will be resolved in the courts of Kent County, Michigan.
For inquiries regarding these terms, please contact Launch Kit at (616) 255-9823
