Terms & Conditions

In no event shall Kisner Media Solutions LLC's total liability for any claims arising out of or related to this agreement exceed the total amount paid by the Client for their initial website build tier (e.g., Launch Starter, Business Essential, or Startup Pro), OR the total amount of recurring monthly subscription fees paid by the Client in the six (6) months immediately preceding the event giving rise to the claim, whichever is greater.

Kisner Media Solutions LLC operates on a separated platform architecture to ensure smooth and fast client handoffs. The Agency retains sole ownership of its internal business management software, employee dashboards, and proprietary operational tools (the "Agency IP").

Upon full payment of the Client's selected website build tier (e.g., Launch Starter, Business Essential, or Startup Pro), the Client shall assume 100% exclusive ownership of their specific, separated website platform, including its codebase, visual designs, supplied content, and deployed infrastructure (the "Client IP"). This guarantees no vendor lock-in and allows for a clean migration to the Client's internal teams if desired.

Upon successful completion of the project and full receipt of the initial build payment, the Agency will initiate a complete handoff of the separated client platform. This handoff includes the transfer of all relevant administrative credentials, source code repositories, and edge-server deployment environments (e.g., Vercel) associated solely with the Client's custom build.

In accordance with the Agency's "No Vendor Lock-In" policy, this migration transfers 100% control of the Client IP to the Client or their designated internal team. The handoff explicitly excludes any access to, or transfer of, the Agency's internal business management software or operational portals.

Following the completion of the handoff, the Agency assumes no further responsibility for website maintenance, uptime, or platform updates unless the Client maintains an active, paid monthly maintenance subscription.

The Agency shall not be held liable for any delays, outages, or failures in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control. This explicitly includes, but is not limited to, internet failures, computer equipment failures, telecommunication failures, and outages or service degradation experienced by third-party infrastructure providers utilized by the platform (e.g., Vercel, Cloudflare, Amazon Web Services, or Stripe).

The Client agrees to use the platform and hosted infrastructure for lawful purposes only. The Client shall not utilize the Agency's servers, staging environments, or live deployments to host, transmit, or distribute any material that is:

• Illegal or otherwise prohibited by applicable federal or state law
• Defamatory, harassing, or abusive in nature
• In violation of third-party intellectual property rights (DMCA violations)
• Containing malicious code, malware, or harmful software
• Promoting or facilitating illegal activities of any kind

For the purposes of data privacy laws (including GDPR and CCPA), the Client is the sole "Data Controller" of any end-user data collected through their deployed website. The Agency acts solely as a "Data Processor" providing the infrastructure.

The Client is entirely responsible for implementing their own Privacy Policies, securing end-user consent, and managing data deletion requests. The Agency assumes no liability for the Client's failure to comply with applicable data privacy regulations.

Account passwords are never stored in plaintext. The Agency hashes passwords using PBKDF2 (HMAC-SHA-512, 100,000 iterations) with a unique per-password salt. The Agency does not use bcrypt.

If the Client elects to have Kisner Media Solutions LLC procure and manage their domain name via our integrated provisioning services (an "Agency-Managed Domain"), the Agency retains sole legal ownership of the domain. The Client is granted an exclusive license to use the domain, contingent upon an active, mandatory yearly domain subscription.

Due to registrar limitations, the Client may elect to prepay this subscription for a maximum term of up to ten (10) years. At the conclusion of this ten (10) year maximum term, the domain must be formally repurchased and renewed by the Agency to maintain active status.

The Client is liable for all annual or multi-year subscription fees associated with maintaining active status, billed through the Client Portal. Failure to maintain this subscription or cover the renewal costs will result in immediate revocation of the domain license and suspension of the domain's routing.

The Client may purchase an Agency-Managed Domain directly through the Client Portal for a prepaid term of one (1) to ten (10) years. The selected prepaid term and its associated fee are due in full at the time of purchase via the Client Portal's integrated payment gateway.

Once a domain subscription has been paid in full for the elected prepaid term, Kisner Media Solutions LLC guarantees a strict non-interference policy for the duration of that term. The Agency will not modify, redirect, transfer, suspend, or otherwise interfere with the domain's registration or DNS configuration while the prepaid term remains active and in good standing.

The Client may voluntarily cancel their yearly domain subscription by providing the Agency with a thirty (30) day written notice via the Client Portal. Upon cancellation or failure to remit the annual subscription renewal fee, the Client's exclusive license to use the Agency-Managed Domain is immediately revoked.

In accordance with the Agency's "No Vendor Lock-In" policy, the Client maintains the right to transfer the domain to a third-party registrar of their choosing upon termination. The Agency will only authorize and facilitate this domain transfer lock release if the Client's account balance is paid in full, with no outstanding invoices for build tiers, monthly maintenance, or domain fees.

The one-time website build fee may be paid, at the Client's election at checkout, either in full in advance OR as a thirty percent (30%) deposit to commence work, with the remaining seventy percent (70%) balance due upon completion of the build and prior to final delivery. Work is deemed to commence upon the Agency's verified receipt of the deposit (or full payment), and the deposit is non-refundable from that point (see §14). Payment may be made by card (Stripe) or PayPal.

Where expressly approved by the Agency, the build fee may instead be paid under a custom monthly installment plan; such plans are billed automatically each month until the fee is paid in full and are subject to the same terms set forth herein. In all cases, final ownership transfer and platform handoff are released only upon the Agency's receipt of the full build fee.

To maintain an active Monthly Maintenance subscription and uninterrupted platform access, the Client must keep a valid, active credit card or authorized payment method on file at all times via the Client Portal's integrated payment gateway (e.g., Stripe).

If a payment method expires or fails, the Client will have a three (3) day grace period to update their billing information before automated suspension protocols are initiated.

All invoices, including initial build fees and recurring monthly subscriptions, are due upon receipt via the Client Portal. If a payment is not successfully processed by the due date, the Client's account status will automatically be flagged as past due.

The Agency reserves the right to automatically suspend the Client's access to the Client Portal, pause active development or live staging environments, and suspend Agency-Managed Domain routing until the outstanding balance is paid in full. No new work, revisions, or technical support will be provided during a suspension period. Services will be automatically reinstated upon successful clearance of the past-due balance.

If the Client wishes to dispute any portion of an invoice generated for initial build fees, domain subscriptions, or ongoing monthly maintenance, the Client must submit a formal dispute notice exclusively through the Client Portal's messaging system within fourteen (14) days of the invoice date.

Failure to submit a formal dispute within this fourteen (14) day window shall constitute the Client's absolute acceptance of the invoice and a waiver of any future claims or disputes regarding those specific charges.

The Client may terminate this agreement for cause if the Agency formally fails to deliver the purchased services. A "formal failure to deliver" is strictly limited to the following conditions:

• Timeline Failure —The Agency fails to deliver the initial build within fourteen (14) days following the maximum projected Delivery Cycle for the Client's selected tier, provided the delay is not caused by the Client's failure to provide required assets or timely communication.
• Scope Failure — The delivered platform fundamentally lacks core, tier-specific features explicitly outlined at the time of purchase (e.g., CMS/SQL/NO-SQL integrations for Startup Pro).
• Infrastructure Failure —The Agency fails to successfully provision and deploy the Client's isolated Next.js and Vercel edge-server environment, rendering the live staging platform permanently inaccessible.

The Agency agrees to deliver the specific features, integrations, and deployment services outlined in the Client's selected build tier at the time of purchase. Any requests for additional pages, custom infrastructure, or features outside of this defined scope will require a formal tier upgrade or a separate, paid scope-of-work agreement.

All client feedback, design approvals, and revision requests must be submitted exclusively through the "Revisions & Approvals" tracking module within the Client Portal. The Agency is not obligated to act upon feedback submitted via email, text message, or other external channels. The Client's formal approval of a revision stage within the portal constitutes binding acceptance of that deliverable.

The Client may request to upgrade their service tier or expand their project scope at any time via the Client Portal. Upgrades are subject to the Agency's current, publicly advertised pricing at the time of the request. The Client will be billed the difference between their current tier's original purchase price and the upgraded tier's current advertised price.

All scope expansions require a formal, signed addendum or a digital approval via the "Revisions & Approvals" module before new development commences.

The Agency's advertised Delivery Cycles are strictly contingent upon the Client's timely cooperation. The Client agrees to promptly provide all necessary project assets, text, and branding materials by uploading them directly to the "Files & Deliverables" section of the Client Portal.

If the Client fails to upload required deliverables or respond to revision requests within three (3) business days, the project timeline will be formally paused. The Agency shall not be held liable for any missed target launch dates or timeline failures resulting from Client delays.

Ongoing technical support, platform maintenance, bug resolutions, and minor content updates are exclusively provided to Clients who maintain an active, fully paid monthly maintenance subscription (e.g., "Monthly Core"). The Agency is under no obligation to provide free support, maintenance, or consultation for platforms operating without an active subscription.

All support requests, revision requests, and direct team communications must be submitted exclusively through the integrated messaging and support queue within the Client Portal. The Agency reserves the right to ignore or deprioritize requests submitted via external channels (e.g., direct email, SMS, or social media).

Kisner Media Solutions LLC provides its services as an independent Service Provider operating a proprietary Website-as-a-Service platform. Nothing in this agreement shall be construed to create a partnership, joint venture, or employer-employee relationship between the Agency and the Client.

The Client may not assign, sell, or transfer their Client Portal account, platform access license, or active subscription obligations to any third party without the prior, explicit written consent of the Agency. The Agency reserves the right to assign its operational obligations or transfer this agreement at its sole discretion.

In the event of the death, severe incapacity, or legal dissolution of the Client, this agreement shall not automatically transfer to heirs, successors, or assigns without the Agency's explicit written consent. The Agency reserves the right to suspend the account pending legal verification of a successor. Monthly subscription billing will continue during this period unless formally cancelled by an authorized representative.

If no authorized successor assumes the subscription obligations within sixty (60) days of written notice to the Agency, the Agency may terminate the agreement and delete the hosted assets.

The Agency reserves the right to modify, update, or amend these terms and conditions at its discretion. The Agency will provide the Client with a minimum of thirty (30) days written notice of any material changes via the Client Portal's messaging system or the email address on file.

Continued use of the platform and services following the effective date of such changes constitutes the Client's formal acceptance of the revised terms.

To protect both parties against fraud, impersonation, and unauthorized transactions, Kisner Media Solutions LLC requires identity verification before a Client's first payment. Verification is performed by Stripe, Inc. through its Stripe Identity service and requires a valid government-issued photo ID together with a matching live selfie.

Identification documents and the biometric selfie are submitted directly to Stripe and handled under Stripe's privacy policy and applicable law. The Agency does not collect, view, or retain these documents and receives only the verification result (verified or not). The Agency may decline to process payments or to begin or continue work for any Client whose identity cannot be verified. Team members and contractors are subject to the same verification as a condition of system access. By using the portal's payment features, the Client consents to this process.

This agreement, along with the specific tier deliverables outlined at the time of purchase, constitutes the entire agreement between the parties and supersedes all prior communications, representations, or agreements, whether oral or written.

If any provision of this agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this agreement shall otherwise remain in full force and effect.