Terms and Conditions
Last updated: December 2024
General Information
Controller: Sebastián Rondón
Company: KMS AGENCY SAS
NIT: 901713163-1
Email: contacto@kms-agency.com.co
Location: Pereira, Colombia / París, France
Acceptance of Terms
By accessing and using the KMS AGENCY SAS website and/or contracting our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not use our services.
KMS AGENCY SAS reserves the right to modify these terms at any time. Modifications will take effect upon their publication on this website.
Description of Services
KMS AGENCY SAS offers the following digital marketing services:
- Digital Advertising (Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads)
- Lead Generation and acquisition strategies
- Artificial Intelligence and Marketing Automation
- Video Marketing Production
- Web Page Development
- Consulting and Commercial Structuring
- Stage 0 — Strategic, Operational, and Financial Structuring of Businesses (financial diagnosis, revenue optimization, operational chart, protocols, documentation, and implementation models)
The specific terms of each service will be detailed in the corresponding contract or commercial proposal.
Web Page Service
For the web page development service:
- The client must provide all necessary content (texts, images, logos) for the creation of the site.
- The estimated delivery time is 72 business hours after all material has been received.
- Up to 2 rounds of minor revisions are included at no additional cost.
- Domain and hosting for 1 year are included in the plans that specify so.
- Major structural changes after delivery may incur additional costs.
- KMS AGENCY SAS is not responsible for content provided by the client that infringes on third-party rights.
Payment Conditions
- Prices are expressed in Colombian Pesos (COP), unless otherwise indicated.
- Payment must be made according to the conditions agreed upon in the commercial proposal.
- For web page services, 100% of the payment is required before starting development.
- For recurring services, billing will be done monthly.
- Payments can be made via bank transfer, PSE, or credit card.
- Failure to make payments may result in the suspension of services.
Cancellations and Refunds
- For web pages: There are no refunds once project development has begun.
- For advertising services: Cancellation must be notified at least 15 days before the next billing period.
- Advertising budgets paid to third-party platforms (Google, Meta, etc.) are non-refundable.
- In case of non-compliance by KMS AGENCY SAS, each case will be evaluated individually.
Limitation of Liability
KMS AGENCY SAS will not be responsible for:
- Specific sales or conversion results, as these depend on multiple external factors.
- Changes in the policies of third-party platforms (Google, Meta, TikTok, etc.) that affect campaigns.
- Service interruptions caused by third parties or force majeure.
- Indirect, incidental, or consequential losses arising from the use of our services.
- Content provided by the client that infringes on third-party intellectual property rights.
Intellectual Property
- All content on the KMS AGENCY SAS website (texts, images, logos, designs) is the property of the company.
- Work created for clients will be the property of the client upon completion of full payment.
- KMS AGENCY SAS reserves the right to use the work created as part of its portfolio, unless otherwise agreed.
- The client guarantees that they have the rights to all content they provide for projects.
Prohibited Use
It is prohibited to use our services for:
- Illegal or fraudulent activities.
- Promotion of content that incites hatred, violence, or discrimination.
- Distribution of malware or any harmful software.
- Violation of third-party intellectual property rights.
- Any activity that violates the policies of advertising platforms.
Applicable Law
These Terms and Conditions are governed by the laws of the Republic of Colombia. Any dispute will be submitted to the competent courts of the city of Pereira, Colombia.
Contact
If you have any questions about these Terms and Conditions, you can contact us:
Email: contacto@kms-agency.com.co
Company: KMS AGENCY SAS
NIT: 901713163-1
Controller: Sebastián Rondón