1. Agreement and Acceptance
By engaging K3 Digital for search engine optimization (SEO) or related digital marketing services, you agree to these Terms and Conditions. These terms apply in addition to any separate service agreement, statement of work, or proposal signed by both parties. If there is a conflict, the signed agreement will control.
2. Description of SEO Services
K3 Digital may provide the following SEO and digital marketing services, depending on the scope agreed in writing:
- Website and SEO audits
- Keyword and search intent research
- On-page optimization recommendations or implementation
- Technical SEO recommendations
- SEO content strategy and recommendations
- Local SEO support
- Google Business Profile support, when applicable
- Link-building recommendations or services, when applicable
- Reporting and performance monitoring
3. Client Responsibilities
The client agrees to:
- Provide accurate, complete, and timely information and access
- Review, approve, or decline recommendations and content in a reasonable timeframe
- Maintain control of website hosting, domain registration, and administrative access
- Avoid making unauthorized changes that could negatively affect SEO performance
4. No Guaranteed Rankings or Traffic
K3 Digital does not guarantee specific search engine rankings, traffic levels, leads, sales, indexing, or any particular outcome from SEO work. Search engines frequently change algorithms, policies, features, and ranking systems without notice. Results can be affected by competition, industry, location, website history, search-engine policies, and decisions made by the client or third parties.
5. Third-Party Platforms
SEO services often involve platforms outside K3 Digital’s control, including Google, Bing, Google Business Profile, social media platforms, website hosting providers, analytics platforms, directories, and other third-party services. K3 Digital is not responsible for changes, outages, suspensions, or policy decisions made by those platforms.
6. Fees and Payment Terms
Fees, payment schedules, and billing terms will be described in the applicable proposal or agreement. Unless otherwise agreed, invoices are due on the date shown on the invoice. Late payments may be subject to suspension of work.
- Setup fees: any one-time onboarding, audit, or setup fee is stated in the written proposal for your project.
- Ongoing fees: recurring monthly fees, if applicable, are stated in the written proposal or service agreement.
- Payment due dates: invoices are due on the date shown on the invoice unless the agreement states otherwise.
- Late payments: work may be paused on past due accounts. Any late fee or interest charge is stated in the agreement.
- Taxes: fees do not include any sales, use, or similar taxes, which are the client’s responsibility where they apply.
- Cancellation: either party may cancel ongoing services with written notice as set out in the agreement. Fees for work already performed remain payable.
7. Contract Term and Termination
The term of service, renewal terms, and termination notice requirements will be set out in the applicable proposal or agreement. Either party may terminate the agreement in accordance with those terms. Work performed and expenses incurred prior to termination remain payable.
8. Client Approvals and Content Responsibility
The client is responsible for the accuracy and legal compliance of all content, materials, and information provided to K3 Digital. The client agrees to review and approve recommended changes before they are implemented, when required.
9. Intellectual Property
The client retains ownership of all client-provided materials, including logos, text, images, and other content. K3 Digital retains ownership or licensing rights to its proprietary strategies, templates, reports, processes, and materials created for or used in delivering services. Deliverables prepared specifically for the client may be licensed to the client as described in the applicable agreement.
10. Confidentiality
Both parties agree to keep confidential any non-public business, technical, or financial information disclosed during the engagement, except as required by law or as necessary to perform the services.
11. Compliance and Ethical SEO Practices
K3 Digital will not knowingly use deceptive, illegal, or intentionally misleading SEO practices. SEO outcomes can be affected by many factors, including prior website history, competitor activity, search-engine policies, and client decisions.
12. Limitation of Liability
To the fullest extent permitted by law, K3 Digital’s liability for any claim arising from the services is limited to the total amount paid by the client for the services giving rise to the claim in the twelve months preceding the claim. K3 Digital is not liable for indirect, incidental, consequential, or lost-profit damages.
13. Indemnification
The client agrees to indemnify and hold harmless K3 Digital from claims, damages, or expenses arising from client-provided materials, unauthorized website changes, or violations of applicable law by the client.
14. Disclaimer of Warranties
K3 Digital’s services are provided on an “as is” and “as available" basis without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
15. Dispute Resolution and Governing Law
Any dispute arising from these terms will first be addressed through good-faith negotiation. If a dispute cannot be resolved informally, it will be resolved in accordance with the governing law and venue set forth below.
Governing law: State of Arizona
Venue: Maricopa County, Arizona
16. Changes to the Terms
K3 Digital may update these Terms and Conditions from time to time. Updated terms will be posted on this page with an updated effective date. Continued use of the services after changes are posted constitutes acceptance of the revised terms.
17. Contact Information
For questions about these Terms and Conditions, please contact us:
K3 Digital
Email: kevin@k3-digital.com