Terms of Service

Acceptance of Terms

By engaging Kist Digital ("we," "us," or "our") for any services, you ("the Client") agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not engage our services.

These terms apply to all work performed by Kist Digital, including but not limited to website design, application development, dashboard creation, branding, and consulting.

Description of Services

Kist Digital provides custom digital solutions for local businesses. Our services include but are not limited to:

• Custom website design and development
• Mobile and web application development
• Dashboard and data visualization tools
• Training platforms and onboarding systems
• Internal tools, portals, and workflow automation
• Brand identity and creative assets
• CRM setup and customization

The specific scope of work for each project will be outlined in a separate project proposal or agreement provided before work begins.

Client Responsibilities

To ensure successful project delivery, the Client agrees to:

• Provide all necessary content, assets, and information in a timely manner
• Respond to requests for feedback and approvals within reasonable timeframes
• Designate a single point of contact for project communications
• Ensure that all content provided is accurate, lawful, and does not infringe on third-party rights
• Make payments according to the agreed schedule

Delays in providing content or feedback may result in adjusted project timelines.

Intellectual Property

Upon receipt of full and final payment, the Client will own all rights to the final deliverables created specifically for their project, including custom code, designs, and content produced by Kist Digital.

Kist Digital retains the right to use completed work in our portfolio, case studies, and marketing materials unless otherwise agreed upon in writing.

Any pre-existing tools, frameworks, libraries, or code owned by Kist Digital or third parties used in the project remain the property of their respective owners. The Client receives a license to use these components as part of the delivered project.

Payment Terms

Payment terms are as follows unless otherwise specified in a project proposal:

• Deposit: A non-refundable deposit (typically 50%) is required before work begins
• Milestones: For larger projects, payments may be structured around agreed milestones
• Final payment: The remaining balance is due upon project completion and before final launch or delivery of assets

Invoices are due within 14 days of receipt unless otherwise agreed. Late payments may be subject to a 1.5% monthly late fee. Work may be paused on accounts with outstanding balances.

Project Timeline and Revisions

Project timelines are established during the proposal phase and depend on project scope and complexity. We will make every effort to meet agreed deadlines, but timelines may shift due to factors including Client delays in providing content or feedback.

Each project includes a reasonable number of revision rounds as specified in the project proposal. Additional revisions beyond the agreed scope will be billed at our standard hourly rate, communicated to the Client in advance.

Limitation of Liability

Kist Digital will perform all work with professional care and skill. However, we shall not be held liable for:

• Any indirect, incidental, or consequential damages arising from the use of our deliverables
• Losses resulting from third-party services, hosting providers, or platforms
• Issues arising from Client modifications to delivered work
• Business losses, lost revenue, or lost data

Our total liability for any claim related to our services shall not exceed the total amount paid by the Client for the specific project in question.

Termination

Either party may terminate a project by providing written notice. In the event of termination:

• The Client is responsible for payment of all work completed up to the date of termination
• The initial deposit is non-refundable
• Kist Digital will deliver all work completed to date upon receipt of outstanding payment
• Intellectual property rights for completed and paid-for work will transfer to the Client

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any disputes arising from these terms shall be resolved in the courts of Whatcom County, Washington.

Changes to These Terms

We reserve the right to update these Terms of Service at any time. Changes will be posted on this page with a revised effective date. Continued engagement of our services after changes are posted constitutes acceptance of the updated terms.

Contact

If you have any questions about these Terms of Service, please contact us:

Kist Digital
Bellingham, WA
trevor@kistdigital.com