KARMEN KENDRICK CREATIVE

Terms, Cookie, Privacy, and Refund Policies

Terms of Use

By accessing this website you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Karmen K Holdings, LLC's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    • modify or copy the materials;
    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained on Karmen K Holdings, LLC's website;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Karmen K Holdings, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

  1. The materials on Karmen K Holdings, LLC's website are provided on an ‘as is' basis. Karmen K Holdings, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Karmen K Holdings, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Karmen K Holdings, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Karmen K Holdings, LLC's website, even if Karmen K Holdings, LLC or a Karmen K Holdings, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of materials

The materials appearing on Karmen K Holdings, LLC's website could include technical, typographical, or photographic errors. Karmen K Holdings, LLC does not warrant that any of the materials on its website are accurate, complete or current. Karmen K Holdings, LLC may make changes to the materials contained on its website at any time without notice. However Karmen K Holdings, LLC does not make any commitment to update the materials.

Links

Karmen K Holdings, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Karmen K Holdings, LLC of the site. Use of any such linked website is at the user's own risk.

Modifications

Karmen K Holdings, LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Georgia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Updated 19 October 2019

Privacy Policy

Your privacy is important to us. It is Karmen K Holdings, LLC's policy to respect your privacy regarding any information we may collect from you across our website and other sites we own and operate.

1. Information we collect

Log data

When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

Device data

We may also collect data about the device you’re using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

Personal information

We may ask for personal information, such as your:

  • Name
  • Email
  • Social media profiles
  • Date of birth
  • Phone/mobile number
  • Home/Mailing address
  • Work address
  • Payment information

2. Legal bases for processing

We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so.

These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:

  • it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us);
  • it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests;
  • you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
  • we need to process your data to comply with a legal obligation.

Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).

We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.

3. Collection and use of information

We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:

  • to enable you to customise or personalise your experience of our website;
  • to enable you to access and use our website, associated applications and associated social media platforms;
  • to contact and communicate with you;
  • for internal record keeping and administrative purposes;
  • for analytics, market research and business development, including to operate and improve our website, associated applications and associated social media platforms;
  • to run competitions and/or offer additional benefits to you;
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
  • to comply with our legal obligations and resolve any disputes that we may have; and
  • to consider your employment application.

4. Disclosure of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
  • our employees, contractors and/or related entities;
  • sponsors or promoters of any competition we run;
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you; and
  • third parties to collect and process data.

5. International transfers of personal information

The personal information we collect is stored and processed in United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.

6. Your rights and controlling your personal information

Choice and consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this privacy policy. If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us, that you have your parent or legal guardian’s permission to access and use the website and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this website or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.

Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Notification of data breaches: We will comply laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

7. Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy for more information.

8. Business transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.

9. Limits of our policy

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

10. Changes to this policy

At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.

If we make a significant change to this privacy policy, for example changing a lawful basis on which we process your personal information, we will ask you to re-consent to the amended privacy policy.

Karmen K Holdings, LLC Data Controller & Data Protection Officer
Karmen Kendrick
[email protected]

This policy is effective as of 19 October 2019.

Cookie Policy

We use cookies to help improve your experience. This cookie policy is part of Karmen K Holdings, LLC's privacy policy, and covers the use of cookies between your device and our site. We also provide basic information on third-party services we may use, who may also use cookies as part of their service, though they are not covered by our policy.

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies, with the understanding that we may be unable to provide you with some of your desired content and services.

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.

Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).

Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.

Types of cookies and how we use them

Essential cookies

Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.

Performance cookies

Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.

Functionality cookies

Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.

Targeting/advertising cookies

Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.

Third-party cookies on our site

We may employ third-party companies and individuals on our websites—for example, analytics providers and content partners. We grant these third parties access to selected information to perform specific tasks on our behalf. They may also set third-party cookies in order to deliver the services they are providing. Third-party cookies can be used to track you on other websites that use the same third-party service. As we have no control over third-party cookies, they are not covered by Karmen K Holdings, LLC's cookie policy.

Our third-party privacy promise

We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.

How you can control or opt out of cookies

If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie.

If you browse websites from multiple devices, you may need to update your settings on each individual device.

Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.

Updated 19 October 2019

Refund Policy

Digital Downloads: Due to the nature of digital products, there will be NO REFUNDS OR EXCHANGES, and all sales are final. If you have an issue with a product please email us [email protected] for support.

1:1 Design & Support Work: Please review your individual contract for details.

Support Concierge Terms of Service

Introduction

Client is contracting Karmen Kendrick Creative as a provider of website support and maintenance services. You agree to provide us with everything we need including text, images, and other information when we need it and in the format that we ask for. You agree to adhere to the payment schedule, review our work, provide feedback, and provide sign-off approval promptly.

This agreement is between Client and Karmen Kendrick Creative.

Client is contracting Karmen Kendrick Creative as a provider of website maintenance services. Services not considered ‘standard website maintenance’ are subject to be charged the current hourly rate provided by Karmen Kendrick Creative, and will not be considered part of this contract.

Outside of Scope of Work

This section outlines what is not included in your concierge plan.

  1. Web site redesign, re-alignment, or re-development equalling more than 50% change to a web page, web site, web graphics on the website (i.e. 4 graphics on a website and you want 3 changed, there is a charge for anything above 2, meaning 50%).
  2. CMS design or integration including but not limited to blogs, shopping carts, and web forums. These require a separate design agreement.

Total Agreement

Karmen Kendrick Creative shall provide Client with minor updates, maintenance, and support to the website for a minimum commitment of 6 months. Cancellations prior to the 6-month commitment will result in an early termination fee equal to the remaining months left in the commitment period.

The contract will be paid on a monthly basis with the 1st payment due as soon as this agreement is signed and each payment due on the 1st of each month. If any invoice is unpaid by the due date, a non-compounding late fee of 10% accrues monthly on the outstanding amount.

During the duration of this contract, the Client agrees that Karmen Kendrick Creative will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the website. If a party other than Karmen Kendrick Creative makes changes to the website, any errors that are created must be repaired and will be charged for at the hourly rate specified above. Minor updates should not exceed more than 50% of the content on any single site page, The percentage to be determined by Karmen Kendrick Creative.

Deadlines & Deliverables

Karmen Kendrick Creative will respond to all maintenance requests from Client within 24 hours on weekdays and 48 hours on weekends, via email or phone, with a confirmation that the request was received, and an estimated completion date for each action item in the request. Maintenance requests received after 5 pm EST may not be completed until the next business day unless prior arrangements have been made. Most work will be done within this time frame, this is mostly precautionary.

Karmen Kendrick Creative will adhere to all quoted deadlines for the deliverables in the maintenance requests at all possible costs. In the event that Karmen Kendrick Creative has any issues in delivering on a quoted deadline, Client will be notified via email or telephone the reasoning for any change.

Additional Services & Fees

Any revisions, additions or redesign Client requests Karmen Kendrick Creative to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. Karmen Kendrick Creative shall advise Client on any requested work that falls within these bounds.

The hourly rate at the time of this contract until project completion will be $100. This rate will be used to bill any requests not covered in the Scope of Work listed herein this contract. Please note the hourly rate is subject to change after your project is complete.

There may also be additional charges accrued for any item deemed necessary that cannot be supplied or produced by Karmen Kendrick Creative. You will be notified when additional purchases are required to move the project forward. You agree and are expected to pay invoices for such items promptly.

Communication

All support requests and change orders must be submitted through the designated Support Request Form. Requests made in any other format will not be accepted.

Termination for Convenience

This agreement may be terminated by either party at any time. There will be no pro-rated refunds for terminations. If service is terminated midterm then the Client will receive support services up until the next monthly renewal period.

Termination for Cause

If either party breaches any provision of this agreement the non-breaching party shall have the right to terminate this agreement by giving written notice thereof to the party in breach, which termination shall go into effect immediately on receipt.

Termination Clause

At the time of termination, any services such as hosting, themes, plugins, or any other tools supplied by Karmen Kendrick Creative will end at the time of termination.

The client will accept responsibility for any premium tools needed after service has been terminated. Karmen Kendrick Creative will not be liable for any errors or site malfunctions after this agreement has been terminated.

Terminations or cancellation by any party must be submitted via email.

Refund Policy

There will be no pro-rated refunds for terminations. If service is terminated midterm then the Client will receive support services up until the next monthly renewal period.

Force Majeure

Neither party shall be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The affected party will notify the other party in writing within three (3) days after the beginning of any such cause that would affect its performance. Notwithstanding, if a party’s performance is delayed for a period exceeding thirty (30) days from the date the other party receives notice under this paragraph, the non-affected party will have the right, without any liability to the other party, to terminate this agreement.

Copyrights

Client guarantees to Karmen Kendrick Creative that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide for inclusion in the website are either owned by you or have permission to use them.

Copyright is automatically assigned as follows:

Client own the graphics and other visual elements that {{brand.name}} create for you for this project. We will give you a copy of all files, and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs, and other data you provided unless someone else owns them. We own the XHTML markup, CSS, and other code, and we license it to you for use on this project only.

We also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles, and books about design.

Severability

If any provision of this agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. If the non-solicitation or non-competition provisions are found to be unreasonable or invalid, these restrictions shall be enforced to the maximum extent valid and enforceable.

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