Introduction

Kind Agency LLC as an owner of “kind.agency” is providing you with these Terms of Services (hereinafter – “Terms”) to clearly outline the rules and regulations for the use of our Website. 

PLEASE READ THIS TERMS OF USE CAREFULLY AND CONTACT US WITH ANY QUESTIONS OR CONCERNS ABOUT OUR PRACTICES

By accessing this Service, you accept these terms and conditions in full. Your use of this Service constitutes your agreement to all these rules. Do not continue to use this Service if you do not accept all of the terms and conditions stated on this page. 

Definitions

“User” and “You” – the person or legal entity accessing this Service and accepting our terms and conditions. Any and all visitors to our Service shall be deemed as Users.

“Company”, “Kind Agency”, “We”, “Our” and “Us” – Kind Agency LLC, company registered and acting under the law of New York, USA. 

“Website” – set of various web pages operated and provided by the Company.

Description of services

The purpose of our services is provide one time marketing, design and/or digital marketing services. All services are divided into two groups: Basic services and Essential services. Basic services are services that take 1 hour to prepare the deliverables and are delivered in 1 business day from the moment of completion of a brief by User.  Essential services are services that take more than 1 hour to prepare the deliverables and are delivered in 3 business days from the moment of completion of a brief by User.  Please note, the deadline for sending the deliverables may be extended.

The User understands, acknowledges and agrees that the Service offered shall be provided “AS IS” and the Company shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication, personalisation settings, etc.

Furthermore, the User acknowledges and agrees that the Service provided and made available is the sole property of the Company. At its discretion, the Company may offer additional services or update, modify or revise any current content and services, and these Terms shall apply to any and all additional services, all updated, modified or revised unless otherwise stipulated. The Company does hereby reserve the right to cancel and cease offering any of the aforementioned services.

Intellectual Property

All right, title, and interest in and to Kind Agency, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services are and will remain the exclusive property of Kind Agency. The User is granted a limited license for viewing the material contained on this Service. The User may not use the site in any manner which could damage, disable, overburden or impair the Service or interfere with any other User’s use and enjoyment of the Service. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. 

All intellectual property rights on deliverables shall belong to the User. 

Service Rules and Conduct

 You shall not use the Service for any purpose that is prohibited by these Terms, including but not limited to: 

• Republish material from our Service;
• Sell, rent or sub-license material from our Service;
• Reproduce, duplicate or copy material or make available to the public in other way all content or any part of the content provided in the Service or from the emails and other messages from Kind Agency, if its is not expressly permit; 
• Redistribute content from Kind Agency Service (unless content is specifically made for redistribution);
• Disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems;
• Access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Service;.
• In any way use the Service to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Kind Agency); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Service; or
• Gain or attempt to gain unauthorised access to any accounts, computer systems, or networks connected to any connections server through hacking, password mining, or any other means.
• If a User will find the information on the Service to violate the copyright of any third party, the User must immediately inform Kind Agency. The information will then immediately be deleted upon request from the User, if Kind Agency finds it to violate the copyright of a third party.

Privacy Policy

Your personal data and all other information you provide to us we deal in accordance with our Privacy Policy. 

Kind Agency guarantees your privacy and that all information held by us is not forwarded to a third party without your consent, unless otherwise provided by law or other legal decisions.

Limitation of Liability

The information and software provided in the Service may include inaccuracies or typographical errors and changes are therefore periodically added by Kind Agency or its suppliers to the information herein.

Kind Agency makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the service will be free from infection, viruses and/ or other code that has contaminating or destructive properties. The User is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy its particular requirements for the accuracy of data input and output. 

To the maximum extent, permitted by applicable law, in no event, shall Kind Agency and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages, or any damages whatsoever arising out of or in any way connected to the use or performance of the Service, including but not limited to:

• loss of revenue;
• loss of business;
• loss of opportunity;
• loss of anticipated savings;
• loss of goodwill;
• loss of reputation;
• loss or damage to or corruption of data;
• loss of use of money or otherwise,

We shall have no responsibility or liability for any content appearing on your Website and/or any deliverables. You agree to indemnify and defend us against all claims arising out of or based upon your Service. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Our Service may contain links to third party’s websites or services but we shall not be liable for any usage in connection with the content and links supplied by third parties. You may use these websites and services but you agree that we have no responsibility for any results of this using. Users must understand that it is their own risk and liability. Third parties may use their own terms and conditions Users need to accept for using the services. Any advice, offers, opinions, statements or any other content expressed or made available by third parties, including information providers or Users are those of the authors or distributors and not of us. We are not responsible or reliable for any content supplied by third parties on such service. 

Our liability shall be limited in accordance with the below terms and conditions. In specific circumstances and in respect of certain matters, or parts thereof, Kind Agency may apply additional limitations. If Kind Agency has informed the User about such additional limitations before the initiation of a matter, or a part of a matter for which that limitation applies, that limitation shall apply in addition to the below limitations.

Miscellaneous

The User agrees to indemnify and hold harmless Kind Agency for any losses, liabilities, expenses, costs and damages arising or resulting from the Users ability or inability to use the Service. Kind Agency is further held harmless for any liability arising from violations of any terms of these Terms, rights of third parties or any applicable laws, rules or regulations made by the User or any third party. 

These Terms may be amended by us from time to time. Amendments will become effective only in relation to engagements initiated after the amended version was published on our Service.

If any provision of these Terms is held invalid or unenforceable by court, the remaining provisions of these Terms will not be affected. 

The governing law is the law of New York, USA.

The User of the Service acknowledges that it has entered into this agreement solely in reliance on its own judgement and legal capacity.

How to Contact Us

The best way to get in touch with us is to contact us at info@kind.agency. We’d love to hear your questions, concerns and feedback about our Services.