Terms of Service

1. Services & Scope of Work

KerrDM provides professional digital services including custom website design and development, AI assistant development, workflow automation, customer management (CRM) implementations, and website care plans.

Specific project deliverables, milestones, timelines, and costs are defined in our published package specifications, written proposals, or individualized Statements of Work (SOW). Any work requested outside the agreed scope will be evaluated and quoted as a separate change order.

2. Project Timelines & Client Responsibilities

Standard website packages carry an estimated turnaround of 7–10 business days from the date all required client materials (completed onboarding questionnaire, text copy, branding assets, imagery, and required account access) and upfront deposits are received.

Timelines are dependent on timely client feedback and approvals. Delays in providing required materials or feedback will extend the estimated project completion schedule accordingly.

3. Fees, Deposits & Payment Terms

• One-Time Projects: Fixed-price website projects require an initial deposit (typically 50%, or $250 on standard $500 starter packages) prior to the commencement of work. The remaining balance is due upon project completion and must be paid in full prior to production launch, domain connection, or asset handoff.
• Care Plans & Subscriptions: Ongoing website care and managed automation plans are billed on a recurring monthly or annual basis in advance. Recurring plans may be cancelled by providing written notice prior to the next billing cycle.
• Invoicing & Taxes: Payments are processed securely via electronic invoice or automated card/bank debit. Applicable sales tax will be assessed where required by law.

4. Revisions & Acceptance

Standard website packages include up to two (2) rounds of focused revisions during the review stage. Revisions include adjustments to layout, typography, imagery, and provided copy within the original project scope. Additional revision rounds or requests that fundamentally alter the agreed project architecture will be billed at standard hourly rates or as a change order.

5. Intellectual Property & Ownership

Client Materials: You retain full ownership of all trademarks, logos, branding assets, images, and content provided to us. You warrant that you own or have obtained all necessary licenses and permissions for any materials provided.

Deliverables: Upon receipt of full and final payment, you own the custom front-end design, layout, and copy created specifically for your project. You purchase and retain direct ownership of your custom domain name.

KerrDM Tools & Frameworks: KerrDM retains all rights, title, and interest in pre-existing code libraries, proprietary tools, reusable automation logic, boilerplate components, and internal workflow configurations used to deliver the services.

6. Third-Party Services & Accounts

Our solutions may integrate with or rely upon third-party services, including domain registrars, hosting platforms (e.g., Vercel, Cloudflare), payment gateways (e.g., Stripe), email providers (e.g., Google Workspace), telecommunications carriers, and automation platforms.

Third-party providers operate under their own independent terms of service and pricing structures. KerrDM is not responsible for outages, policy modifications, price adjustments, or account suspensions imposed by third-party providers.

7. Hosting, Maintenance & Security

Clients enrolled in an active Website Care plan receive managed hosting, SSL certificate renewal, automated backups, security monitoring, and routine platform maintenance.

If you choose to self-host or cancel your care plan, you assume full responsibility for server management, software updates, backups, security patches, and domain administration.

8. Limitation of Liability & Warranties

Services are provided on an “as is” and “as available” basis using commercially reasonable efforts. To the maximum extent permitted by applicable law, KerrDM disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event shall KerrDM or its officers, employees, or contractors be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or business interruption) arising out of or related to our services. Our aggregate liability for any claim arising under these terms shall not exceed the total fees paid by you to KerrDM for the specific service in question during the three (3) months preceding the event giving rise to the claim.

9. Termination & Cancellation

Either party may terminate a project agreement upon written notice if the other party materially breaches these terms and fails to cure such breach within fourteen (14) days. In the event of early cancellation by the Client, initial deposits are non-refundable to cover work completed and allocated resources.

10. Governing Law & Jurisdiction

These Terms of Service and any dispute arising out of or related to our services shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Arapahoe County or Denver, Colorado.

11. Contact & Questions

If you have any questions regarding these Terms of Service or wish to discuss a custom service agreement, please contact us at:

Kerr Digital Marketing, LLC
Aurora, Colorado
Email: justin@kerrdm.com