These Terms & Conditions (“Terms”) govern your use of the Kylora website and the provision of services by Kylora (“Kylora”, “we”, “us”, or “our”).
By accessing this website, submitting an enquiry, or engaging Kylora for services, you agree to these Terms.
1. About Kylora
Kylora provides digital marketing and related services to businesses and organisations. Our services may include digital marketing strategy, market research, analytics, brand positioning, website optimisation, social media marketing, content strategy, and other services agreed upon with a client.
Specific services, deliverables, timelines, and fees will be confirmed with the client before work begins.
2. Use of This Website
You may use this website for lawful purposes only.
You agree not to:
* Use the website for fraudulent or unlawful purposes.
* Attempt to gain unauthorised access to the website or its systems.
* Copy, reproduce, modify, or redistribute website content without permission.
* Interfere with the operation or security of the website.
* Submit false, misleading, or fraudulent information through our forms.
We reserve the right to restrict or terminate access to the website where reasonably necessary.
3. Services
Kylora will provide the services specifically agreed upon with the client.
The scope of work, deliverables, deadlines, revisions, fees, and other project requirements may be set out in a proposal, quotation, service agreement, statement of work, invoice, or other written agreement.
If additional work is requested outside the agreed scope, Kylora may charge additional fees. Any significant additional work will be communicated to the client before it is undertaken.
4. Client Responsibilities
The client agrees to provide accurate information, materials, access credentials, approvals, feedback, and other resources reasonably required for Kylora to perform the agreed services.
The client is responsible for ensuring that materials supplied to Kylora do not infringe the intellectual-property, privacy, or other rights of third parties.
Delays caused by the client, including delayed approvals or failure to provide required information, may affect project deadlines.
5. Fees and Payment
Fees will be communicated to the client before services begin.
Unless otherwise agreed in writing:
* Invoices are payable by the date stated on the invoice.
* Kylora may require a deposit or upfront payment before commencing certain projects.
* Additional work outside the agreed scope may incur additional charges.
* Kylora may suspend work where an invoice remains unpaid after its due date.
* The client remains responsible for fees for work already completed.
Any applicable taxes, third-party costs, advertising spend, software subscriptions, hosting fees, or other external costs will be communicated to the client where applicable.
6. Advertising and Third-Party Platforms
Where Kylora manages advertising campaigns or third-party platforms, the client understands that Kylora does not control the policies, algorithms, availability, pricing, performance, or operation of those third-party platforms.
Kylora does not guarantee specific advertising results, revenue, leads, rankings, engagement levels, or other commercial outcomes unless expressly agreed otherwise in writing.
Advertising budgets and third-party platform charges are separate from Kylora’s service fees unless otherwise stated.
7. Results and Performance
Digital marketing results can be affected by factors outside Kylora’s control, including market conditions, competition, consumer behaviour, platform algorithms, advertising policies, website performance, pricing, client responsiveness, and changes to third-party platforms.
Accordingly, Kylora does not guarantee a particular level of sales, revenue, leads, traffic, followers, engagement, rankings, or return on investment unless a specific guarantee is expressly included in a written agreement.
8. Intellectual Property
Unless otherwise agreed in writing, Kylora retains ownership of its pre-existing materials, systems, templates, processes, methodologies, strategies, tools, and intellectual property.
Subject to full payment of applicable fees, the client will receive the rights to use the final deliverables created specifically for the client as agreed in the relevant project or service agreement.
Third-party materials, software, fonts, stock images, platforms, and other third-party intellectual property remain subject to their respective licences and terms.
Kylora may display completed work in its portfolio, website, social media, or marketing materials unless the client requests otherwise in writing.
9. Client Materials
The client grants Kylora permission to use materials supplied by the client solely as reasonably necessary to provide the agreed services.
The client represents that it has the necessary rights and permissions to provide such materials to Kylora.
10. Confidentiality
Kylora will take reasonable steps to keep confidential information provided by the client confidential and will not knowingly disclose such information to third parties except where:
* Disclosure is required to provide the services;
* Disclosure is required by law;
* The information is already publicly available; or
* The client has authorised the disclosure.
The client agrees to treat Kylora’s confidential business information, strategies, processes, and proprietary materials in the same manner.
11. Third-Party Services
Kylora may use third-party software, platforms, hosting providers, advertising platforms, analytics services, artificial-intelligence tools, or other services when providing its services.
Kylora is not responsible for outages, changes, restrictions, data loss, pricing changes, or other issues caused by third-party providers.
12. Artificial Intelligence
Where appropriate, Kylora may use artificial-intelligence tools as part of its internal processes or service delivery.
Kylora may review, edit, and quality-check AI-assisted work before it is delivered to a client. However, clients remain responsible for reviewing and approving materials before publication where applicable.
13. Cancellation and Termination
Either party may terminate an ongoing service arrangement in accordance with the cancellation terms agreed upon in writing.
Where no specific cancellation period has been agreed, either party may request termination by providing reasonable written notice.
Termination does not remove the client’s obligation to pay for services already performed, approved expenses, or other amounts properly due up to the termination date.
14. Refunds
Refund eligibility will depend on the nature of the service and the terms agreed with the client.
Fees for work already completed, third-party costs, advertising expenditure, and other non-refundable expenses may not be refundable.
Nothing in these Terms is intended to exclude or limit any rights that cannot legally be excluded or limited under applicable law.
15. Website Content
We aim to keep the information on this website accurate and up to date. However, we do not guarantee that all information will always be complete, accurate, current, or error-free.
Website content is provided for general informational purposes and may be changed without notice.
16. Limitation of Liability
To the maximum extent permitted by applicable law, Kylora will not be liable for indirect, incidental, consequential, or special losses arising from the use of our website or services.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.
17. Indemnity
To the extent permitted by law, the client agrees to indemnify Kylora against claims, losses, liabilities, damages, and expenses arising from the client’s unlawful use of Kylora’s services, materials supplied by the client, or breach of these Terms.
18. Privacy
Kylora may collect and process personal information submitted through this website, including information submitted through contact forms or enquiries.
Personal information will be handled in accordance with our Privacy Policy and applicable South African data-protection laws.
19. Links to Third-Party Websites
Our website may contain links to third-party websites or services.
Kylora does not control those websites and is not responsible for their content, availability, security, or privacy practices.
20. Changes to These Terms
We may update these Terms from time to time.
The updated version will be published on this website with a revised “Last updated” date. Your continued use of the website after changes are published constitutes acceptance of the updated Terms, to the extent permitted by law.
21. Governing Law
These Terms are governed by the laws of the Republic of South Africa.
Any disputes will be subject to the jurisdiction of the applicable courts of South Africa, subject to any mandatory legal rights or dispute-resolution requirements that may apply.
22. Contact
If you have questions regarding these Terms or Kylora’s services, you can contact us through the contact details provided on our website.
Kylora
Website: kylora.media
Email: studio@kylora.media