Terms & Conditions - Kadushi Solutions

I. General

Applicability

1.1. These Terms and Conditions apply to all offers, agreements, and services provided by Kadushi Solutions B.V., based in Curaçao, hereafter referred to as the "Supplier." By engaging with us, the Client agrees to these terms.
1.2. Any exceptions or changes to these Terms & Conditions must be explicitly agreed upon in writing by both parties.
1.3. The Client’s own terms and conditions are expressly rejected unless otherwise agreed in writing.

Definitions

Supplier: Kadushi Solutions B.V., a digital consulting and solutions provider specializing in AI-driven solutions, CRM implementation, web development, branding, social media management, and digital marketing.

Client: Any individual or legal entity entering into an agreement with the Supplier to receive products or services.

Agreement: Any formal agreement or contract between the Supplier and Client regarding the provision of services.

II. Offers/Quotes and Acceptance

Offers

1.1. All offers are non-binding unless explicitly stated otherwise by the Supplier. Offers are subject to availability and may change without prior notice.
1.2. The Client is responsible for providing accurate and comprehensive information to enable the Supplier to make an accurate offer. Inaccurate or incomplete information may affect service, pricing, and delivery times.
1.3. Any errors in the offer (including pricing) shall be corrected by the Supplier without liability. The corrected offer will be sent to the Client for approval.

Acceptance

2.1. Once the Client accepts an offer, an agreement is established, and the services will be delivered according to the terms specified in the offer.
2.2. The Supplier reserves the right to refuse any order or offer acceptance without the need to provide a reason.

III. Services and Delivery

Service Scope

1.1. Kadushi Solutions offers a comprehensive range of digital services aimed at enhancing your business operations and online presence. Our core services include, but are not limited to:

• Website Design & Development: Custom, responsive, and user-friendly websites tailored to convert visitors into customers.
• CRM System Implementation: Integration and optimization of CRM systems like Salesforce and HubSpot to improve customer management and sales efficiency.
• AI Consultancy: AI-driven solutions to automate business processes, enhance efficiency, and foster innovation.
• Branding & Corporate Identity: Establish a consistent and compelling brand image, from logo design to full corporate identity packages.
• Social Media Management: Optimize your social media presence to increase engagement, brand awareness, and customer interactions.
• Digital Marketing & SEO Optimization: Digital marketing services such as SEO, PPC advertising, and email marketing campaigns to improve online visibility and lead generation.
• Content Management: Ongoing content creation and updates to ensure your website remains relevant and engaging.

1.2. Each project and service is customized to the specific needs of the Client, ensuring alignment with business goals.

Delivery and Execution

2.1. Delivery timelines provided by the Supplier are indicative and not binding unless explicitly agreed upon in writing.
2.2. Delays due to unforeseen circumstances, force majeure, or delays caused by the Client (e.g., failure to provide necessary materials) will extend delivery timelines accordingly.
2.3. Any additional work requested after the agreement is signed may result in adjustments to both the delivery timeline and cost.

Client Responsibilities

3.1. The Client shall provide timely access to necessary information, files, content, and approvals to facilitate efficient project execution.
3.2. The Client shall ensure that any third-party resources provided (such as software, content, etc.) do not infringe on the rights of others.
3.3. The Supplier is not responsible for delays or errors caused by incorrect or incomplete information provided by the Client.

IV. Pricing and Payment

Pricing

1.1. All prices are quoted in local currency and exclusive of VAT/OB unless explicitly stated otherwise.
1.2. Prices are based on the agreed scope of work. Any additional services or changes in scope may result in additional costs.
1.3. The Supplier reserves the right to adjust its pricing at any time. Notice will be provided at least 30 days in advance for ongoing services.

Payment Terms

2.1. Invoices are to be paid within 14 days of receipt unless otherwise specified in the agreement.
2.2. If payment is not received within the specified timeframe, a reminder will be sent. In case of continued non-payment, interest of 1.5% per month may be charged on the outstanding balance, starting from the due date of the invoice.
2.3. The Supplier reserves the right to temporarily suspend services if payments are significantly overdue. However, we always aim to collaborate with our clients and find a solution that ensures services can continue uninterrupted.
2.4. For larger projects or custom solutions, a deposit or partial payment schedule may be required. These terms will be clearly outlined in the project agreement.
2.5. If there are any concerns or questions regarding an invoice, the Client is encouraged to contact Kadushi Solutions promptly to discuss the matter and resolve any issues.

V. Confidentiality and Privacy

Confidentiality

1.1. Both parties shall treat any shared information, business practices, or materials as confidential.
1.2. Confidential information may only be used for the purpose of executing the agreement. Disclosure to third parties is prohibited unless necessary for service execution and agreed upon by both parties.

Data Protection

2.1. Kadushi Solutions complies with applicable data protection laws regarding personal data processing.
2.2. The Supplier will not share or sell the Client’s data to third parties without consent, except as required by law.

VI. Intellectual Property

Ownership

1.1. All intellectual property rights to services, designs, code, content, and strategies developed by Kadushi Solutions remain the exclusive property of Kadushi Solutions unless explicitly transferred in writing.
1.2. The Client will receive a license to use the final products and services for business purposes, subject to the terms of the agreement.

Third-Party IP

2.1. The Client shall ensure that any materials provided to Kadushi Solutions do not infringe on third-party intellectual property rights.
2.2. The Client agrees to indemnify the Supplier against any claims related to IP infringements caused by materials provided by the Client.

VII. Liability

Limitation of Liability

1.1. Kadushi Solutions’ total liability for any damages or claims shall not exceed the amount invoiced for the service in question.
1.2. Kadushi Solutions is not liable for indirect, incidental, or consequential damages, including loss of revenue, profit, or data.
1.3. Any claims for damages must be reported within 12 months of the incident.

VIII. Termination and Cancellation

Termination

1.1. Either party may terminate the agreement in the event of a material breach that is not remedied within 30 days of notice.
1.2. Kadushi Solutions reserves the right to terminate services if payment obligations are not met or if the Client breaches their obligations.

Cancellation

2.1. The Client may cancel ongoing services by providing written notice at least 30 days before the next billing cycle. Any fees paid are non-refundable.

IX. Force Majeure

Force Majeure

1.1. Neither party shall be liable for delays or failures caused by events beyond their control, such as natural disasters, strikes, or internet disruptions.
1.2. If a force majeure event lasts longer than 90 days, either party may terminate the agreement with written notice.

X. Governing Law and Dispute Resolution

Applicable Law

1.1. This agreement shall be governed by the laws of Curaçao.

Dispute Resolution

2.1. Any disputes arising from this agreement shall be resolved through mediation. If mediation fails, disputes will be resolved by the courts of Curaçao.

XI. Changes to Terms

Modifications

1.1. Kadushi Solutions reserves the right to update or modify these Terms and Conditions at any time. Clients will be notified of significant changes.
1.2. Continued use of Kadushi Solutions' services constitutes acceptance of updated terms.

For any questions regarding these Terms & Conditions, contact us at info@kadushi-solutions.com.