Terms of Service

01.Acceptance of Terms

By accessing the website kalabaradigital.com or engaging Kalabara Digital ("we," "our," or "us") for digital agency services, creative video production, advertising campaigns, or software engineering, you agree to be bound by these Terms of Service.

If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

02.Scope of Digital Agency Services

Kalabara Digital provides bespoke creative, marketing, and technological solutions, including but not limited to:

Each engagement is governed by a dedicated Project Proposal or Service Level Agreement (SLA) specifying milestones, deliverables, timelines, and payment structures.

03.Intellectual Property & Asset Ownership

Deliverables Ownership: Upon full and final settlement of all agreed invoices, all custom creative deliverables (final video renders, graphics, logos, and custom-written web source code) produced exclusively for the client shall transfer to the client.

Agency Pre-Existing IP: Kalabara Digital retains all rights to its pre-existing proprietary tools, generative AI workflows, internal code libraries, project templates, and methodology used in creating the deliverables.

Portfolio Rights: Unless explicitly restricted via a signed Non-Disclosure Agreement (NDA), Kalabara Digital reserves the right to showcase completed client work, campaign metrics, and creative samples in its portfolio, case studies, and promotional channels.

04.Client Responsibilities & Advertising Accounts

For marketing campaigns (Meta Ads, Google Ads, TikTok Ads):

• Ad Spend: The client is solely responsible for funding all direct media ad spend charged by advertising platforms (Meta, Google, TikTok). Ad spend is billed directly to the client's payment method on file with the respective ad network.
• Account Access & Assets: The client agrees to provide necessary access (Business Manager, Pixel, DNS, Brand Assets) in a timely manner to prevent production bottlenecks.
• Content Legality: The client warrants that all brand materials, logos, and product claims provided do not infringe third-party trademarks, copyrights, or advertising regulations.

05.Payment Terms, Milestones & Revisions

• Project deposits (typically 50% upfront or milestone-based) are required prior to kickoff.
• Standard packages include defined revision rounds (typically 2–3 rounds of constructive feedback per creative asset).
• Out-of-scope requests, substantial architectural pivots, or additional revision rounds will be scoped and billed at our standard hourly or package rates.

06.Performance & Liability Disclaimers

While Kalabara Digital utilizes industry-leading creative strategies, data-backed optimization, and rigorous testing, we do not guarantee specific monetary returns, conversion rates, or sales volumes. Digital advertising outcomes depend on external factors including product-market fit, pricing, seasonality, and third-party algorithm changes (e.g. Meta, Google).

To the maximum extent permitted by law, Kalabara Digital shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of the use of our services or website.