Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the KG ProDesign website (kgprodesign.com) and services provided by KG ProDesign LLC ("KG ProDesign," "we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access our website or use our services. These Terms constitute a legally binding agreement between you (the "Client" or "you") and KG ProDesign.

By submitting a project inquiry, signing a proposal, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Services Description

KG ProDesign provides professional software development, web design, consulting, and automation services, including but not limited to:

• Software Development: Custom software applications, mobile apps, enterprise solutions, and API development
• Web Design & Development: Website design, frontend and backend development, e-commerce solutions, and CMS implementation
• Consulting & Strategy: Technical consulting, digital strategy, architecture design, and technology advisory
• Automation & AI Solutions: Workflow automation, AI integration, chatbot development, and intelligent systems

Specific services will be outlined in individual project proposals, statements of work (SOW), or service agreements.

3. User Responsibilities

As a client or user of our services, you agree to:

• Provide accurate and complete information when submitting inquiries or project details
• Respond to requests for information in a timely manner
• Provide necessary access credentials, assets, and materials required for project completion
• Review and approve deliverables within agreed timeframes
• Make timely payments according to the agreed payment schedule
• Not use our services for illegal, harmful, or unethical purposes
• Respect intellectual property rights and confidentiality agreements
• Communicate professionally and respectfully with our team

4. Intellectual Property

4.1 Client-Owned Work Product

Upon full payment, you will own the final deliverables specifically created for your project, including custom designs, code, and content produced as part of the agreed scope of work.

4.2 KG ProDesign-Owned Property

KG ProDesign retains ownership of:

• Pre-existing intellectual property, tools, frameworks, and methodologies
• Reusable code libraries, components, and templates
• Our website content, branding, and marketing materials
• Trade secrets, know-how, and proprietary processes

4.3 Third-Party Components

Projects may include third-party software, libraries, or assets (e.g., open-source frameworks, stock images, fonts). These remain subject to their respective licenses.

4.4 Portfolio Rights

We reserve the right to display completed projects in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.

5. Payment Terms

5.1 Pricing and Quotes

All pricing is provided in US Dollars (USD) unless otherwise specified. Quotes are valid for 30 days from the date of issuance.

5.2 Payment Schedule

Payment terms will be specified in the project proposal or SOW. Typical payment structures include:

• Fixed-Price Projects: 50% deposit upfront, 50% upon completion
• Milestone-Based: Payments tied to specific project milestones
• Hourly/Retainer: Monthly billing for ongoing services

5.3 Late Payments

Invoices are due within 15 days of receipt unless otherwise specified. Late payments may incur a 1.5% monthly interest charge and may result in work stoppage until payment is received.

5.4 Refunds

Deposits are non-refundable once work has commenced. Refunds for completed work are evaluated on a case-by-case basis.

6. Project Timelines

Project timelines are estimates based on the agreed scope and your timely provision of required materials. Timelines may be adjusted if:

• The project scope changes
• Required materials or feedback are delayed
• Technical challenges or unforeseen issues arise
• Force majeure events occur

We will communicate any timeline changes promptly and work with you to minimize delays.

7. Revisions & Changes

7.1 Included Revisions

The number of included revisions will be specified in the project proposal. Revisions must be requested within the agreed review period.

7.2 Change Requests

Changes to the project scope after work has begun may require a change order with additional fees and timeline adjustments. We will provide a written estimate for approval before proceeding.

7.3 Out-of-Scope Work

Work that falls outside the agreed scope will be billed separately at our standard hourly rates or as a new fixed-price proposal.

8. Termination

8.1 Termination by Client

You may terminate the project at any time with written notice. You will be responsible for payment for all work completed up to the termination date, including any non-refundable expenses.

8.2 Termination by KG ProDesign

We reserve the right to terminate the project if:

• Payments are more than 30 days overdue
• You fail to provide required materials or feedback after multiple requests
• Your conduct is abusive, threatening, or unprofessional
• The project violates our ethical standards or legal requirements

9. Third-Party Platform Services

9.1 Platform-Dependent Products

KG ProDesign LLC may develop websites, applications, or digital products that are built on top of or integrated with third-party platforms, including but not limited to point-of-sale (POS) systems, website builders, content management systems, payment processors, and other external services (collectively, "Third-Party Platforms"). These Third-Party Platforms are owned and operated by their respective providers and are not controlled, maintained, or operated by KG ProDesign LLC.

9.2 No Guarantee of Continued Compatibility

Third-Party Platforms may, at any time and without notice, modify, update, deprecate, or discontinue their APIs, data structures, website templates, platform features, or underlying infrastructure. Such changes may cause products developed by KG ProDesign LLC to malfunction, lose functionality, display incorrect data, or cease to operate entirely. KG ProDesign LLC is not responsible for any disruption, loss of functionality, or damage caused by changes made by Third-Party Platform providers.

9.3 Limited Warranty Period for Platform-Dependent Products

Products built on Third-Party Platforms are warranted for a period of thirty (30) days from the date of delivery or deployment ("Platform Warranty Period"). During the Platform Warranty Period, KG ProDesign LLC will repair defects in our work at no additional charge, provided the defect is caused by our code and not by changes to the underlying Third-Party Platform.

After the Platform Warranty Period expires:

• KG ProDesign LLC is under no obligation to repair, update, or modify products that are broken or rendered non-functional due to changes made by Third-Party Platform providers.
• Any repairs, updates, or modifications necessitated by Third-Party Platform changes will be treated as new work and billed at our then-current rates.
• KG ProDesign LLC shall not be held liable for any loss of revenue, data, functionality, or business opportunities resulting from Third-Party Platform changes.

9.4 Client Acknowledgment

By engaging KG ProDesign LLC for platform-dependent development, you acknowledge and agree that:

• The product is dependent on a Third-Party Platform that KG ProDesign LLC does not own or control.
• The Third-Party Platform provider may make changes at any time that could affect the product's functionality, appearance, or availability.
• KG ProDesign LLC bears no responsibility for the availability, reliability, accuracy, or continued operation of the Third-Party Platform.
• Ongoing maintenance or support agreements are available separately and are recommended for platform-dependent products to ensure continued operation.

9.5 Data Accuracy and Availability

Products that display data sourced from Third-Party Platforms (including but not limited to menus, pricing, business information, reviews, or media) are dependent on that data being made available by the platform provider. KG ProDesign LLC does not guarantee the accuracy, completeness, or continued availability of third-party data. If a Third-Party Platform removes, restricts, or alters access to data, the affected portions of the product may cease to function, and KG ProDesign LLC shall not be held responsible for correcting, replacing, or supplementing such data.

9.6 Recommended Maintenance Plans

To mitigate risks associated with Third-Party Platform changes, KG ProDesign LLC strongly recommends that clients with platform-dependent products maintain an active maintenance or support agreement. Maintenance plans provide ongoing monitoring, updates, and priority repair services in the event of platform changes. Details and pricing for maintenance plans are available upon request.

10. Warranties

10.1 Limited Warranty

We warrant that our services will be performed in a professional and workmanlike manner. We will correct any defects in our work reported within 30 days of project completion at no additional charge. For platform-dependent products, see Section 9.3 for specific warranty terms.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT PRODUCTS BUILT ON THIRD-PARTY PLATFORMS WILL REMAIN FUNCTIONAL FOLLOWING CHANGES MADE BY THE PLATFORM PROVIDER.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KG PRODESIGN LLC SHALL NOT BE LIABLE FOR:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from third-party services, platforms, or components
• Damages exceeding the total fees paid for the project
• Disruptions or failures caused by changes to Third-Party Platforms as described in Section 9

Some jurisdictions do not allow limitations on implied warranties or liability, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless KG ProDesign LLC, its officers, employees, and contractors from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Content or materials you provide
• Your use of our deliverables in violation of applicable laws
• Your infringement of third-party intellectual property rights
• Claims related to Third-Party Platform changes beyond the warranty period described in Section 9.3

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state in which KG ProDesign LLC is registered, United States, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of the state and county in which KG ProDesign LLC is registered, and you consent to personal jurisdiction in such courts.

14. Dispute Resolution

14.1 Good Faith Negotiation

In the event of a dispute, the parties agree to first attempt to resolve the matter through good faith negotiation.

14.2 Arbitration

If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the city and state in which KG ProDesign LLC is registered.

14.3 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or breach of confidentiality.

15. Contact

For questions about these Terms of Service, please contact us: