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KM Digital Design (KMDD) Terms and Conditions

Updated 8-1-23

WEBSITE ACCOUNT MAINTENANCE & SUPPORT

  • All KMDD website contracts include limited 60 days maintenance to sites after launch. Refer to your original contract for details.
  • After 60 day maintenance expires maintenance to all sites will only be covered under an additional maintenance contract. Maintenance contracts are available for monthly retainers and blocks of maintenance time. Visit the Extended Support Page to request information.
  • Blocks of time can be used for requested maintenance, such as content changes, limited additions, and non-regular updates. These maintenance updates are utilized in increments of 15 minutes and require written requests (email) to complete the task/update/maintenance needed.
  • Retainers, or other Advanced maintenance agreements, are needed for regular monthly updates that may include; manual site backup, WordPress updates for theme and plugins, blog posting, and regular or scheduled monthly changes.
  • While we can maintain updates, KMDD is not responsible for third-party plugin changes, updates to the WordPress platform, and updated or outdated themes.
  • See additional WordPress Terms and Conditions below.
  • KM Digital Designs reserves the right to discontinue any client account, for any reason, after their yearly contract expires (on the date of hosting renewal). Discontinued clients will be moved to a standalone Siteground account with access to their own billing and hosting tools.

WEBSITE HOSTING TERMS AND CONDITIONS

  • Unless otherwise contracted, KM Digital Design (KMDD) website clients are web hosted at Siteground.
  • Siteground clients are hosted under a KMDD reseller program and do not have direct access to Siteground’s award-winning customer service support.
  • Client’s who require direct access to Siteground support, or Siteground Hosting Tools can contact KMDD.  Hosting fees will change due to higher account access.
  • KMDD is not responsible for any changes, destructive or otherwise, that result from client usage (or other shared usage) of hosting features or application.
  • Hosting registration fees will be invoiced annually by KMDD. Failure to pay promptly will result in discontinuation of web hosting services which will impact your website’s online availability.
  • KMDD retains the right to increase any hosting or domain name fees annually as needed.
  • As a Siteground customer you agree to all Terms and Policies set forth by Siteground. While we do our best to keep this page updated with Siteground fees, rules and regulations, KMDD is NOT responsible for changes to the Siteground Hosting platform.
  • *As of 10-01-2017 KM Digital Design longer offers email setup or email maintenance as part of our hosting plans. We can setup up email forwarding but email hosting is the responsibility of the client.

Security Terms and Conditions

  • Changes made to your website hosting service through cPanel, FTP or any other means, by users granted access using your login information, or anyone who is not KMDD, are not the responsibility of KMDD.
  • KMDD is not responsible for any disruption in your website service due to malware or DDOs attacks. 
  • KMDD is not responsible for any disruption in your website service that result in the client’s failure to follow these (or any reasonable) security measures:
    • You will keep your personal computer and any computer that you use to access your web-server (Siteground) and your WordPress sites always updated and patched.
    • You will scan your computer with reliable, up-to-date anti-virus software.
    • You will keep your WordPress application and plugins up to date.
    • READ THIS POST FOR INFORMATION ON UPDATING YOUR WORDPRESS WEBSITE(S).
    • You will REFRAIN from use of images that are not from safe and reliable resources, and/or that have not been scanned prior to uploading to your WordPress website.
    • You will use secure passwords
    • You will not share your passwords with outside sources.
  • KMDD is not responsible for privacy or privacy policies (or lack of) listed, on any site designed, developed or built by KMDD.
  • KMDD is not responsible for the collection of personal information (or what its clients do with this information) for any KMDD client(s).

KMDD SECURITY MEASURES

  • KMDD is an Apple (Mac) Studio. Macs are continually shown to suffer less attacks than Windows-based PCs, by quite a large margin.
  • Our computer files are backup to a removable hard drive daily.
  • Our computers are scanned and patched with regular up-to-date antivirus software.
  • Our computers always use the latest secure OS version with all security updates.
  • We install Captcha on all forms used on our WordPress websites
  • We use highly secure passwords on all our WordPress websites and hosting accounts.
  • We use Siteground hosting for all our WordPress websites.

PRIVACY AND GDPR COMPLIANCE FOR KMDD CLIENTS

  • KM Digital Design is not responsible for its clients compliance with GDRP, any other nation’s website, or any individual US States, email collection or data collection privacy compliance requirements.
  • It is the responsibility of all KMDD clients to prepare their own privacy policy, and to notify KMDD of their wish to update their website (fees will apply for any work).
  • KMDD offers assistance, tools, and information as a resource, but we don’t offer legal advice. We recommend you contact your legal counsel to find out how the GDPR, and other privacy rules affect you. 
  • If you use the Termageddon Privacy Tool, it is the Client’s responsibility to contact KMDD with any changes made to their policy within the Termageddon site. If you make changes and your Embed code is updated, those changes will not be reflected on your site unless KMDD is notified of the change and the Embed code is updated.
  • KMDD makes NO guarantees that any privacy policy we assist you in creating is fully compliant. We recommend you consult a lawyer to review your Terms & Conditions and Privacy Policy, how ever it has been created.
  • WordPress information on cookie usage can be found here- wordpress.org
  • Information on WordPress GDPR compliance can be found here- wordpress.org

DOMAIN NAME TERMS AND CONDITIONS

  • As of January 1, 2017 KMDD will no longer register domain names for clients under their Siteground Hosting account.
  • For all domain names registered with KMDD prior to 1-1-17, upon renewal, the domain name administration contact information will be changed from KMDD contact information to reflect the owner (your) contact information by 12-30-18. Contact information required by ICANN:
    • First Name
    • Last Name
    • Email address
    • Street Address
    • Phone number
  • Client domain names registered prior to 1-1-17, upon domain name renewal, KMDD will also invoice all clients for domain name privacy if applicable.
  • Client may request this privacy fee be omitted by contacting KMDD prior to payment of annual invoice.
  • Client domain names registered prior to 1-1-17 must contact KMDD for changes to their domain name including; transfer to another registrar, changes to DNS and website location.
  • Client domain names registered prior to 1-1-17 may gain full access to their domain name by contacting KMDD to request a transfer.
  • Once Domain Name Contact information has been updated to the client (your) contact information, client will receive a TIME SENSITIVE verification email. Changes will NOT BE MADE (contact info WILL NOT be updated) if this verification is NOT responded to.

WORDPRESS TERMS AND CONDITIONS

  • KMDD sets all WordPress sites and all non-premium plugins hosted at Siteground to AUTO-UPDATE for security reasons unless otherwise requested by the client.
  • We are not responsible for any premium plugins that are not kept up-to-date with annual fee payments. We will let you know prior to your site launch whether your premium plugin fee payments are your responsibility. If we invoice you for Premium plugins, and payment is not made, your plugins will not be kept updated.
  • Unless contracted by KMDD, it is the responsibility of the client to ensure their WordPress website theme, plugins and applications are kept updated (even if automatic updates are set).
  • KMDD is not responsible for outdated sites that are made obsolete by WordPress updates. Fees for maintenance are required to keep your site working properly with the latest versions of WordPress.
  • Clients must login to their WordPress dashboard regularly to check for updates. Contact KMDD for missing login details if needed.
  • Though we may send newsletters with information about larger WordPress releases, we do not guarantee that all releases will be identified and sent to our client email list.
  • KMDD is not responsible for changes made to your website by outside sources granted permission by you (using your login information) or any User that is not KMDD.
  • Themes can not be automatically updated.
  • Users created by the client, and changes made to your website or WordPress application, by new Users, or anyone who is not KMDD, are not the responsibility of KMDD.
  • If your website hosting is moved to another hosting provider KMDD will no longer be able to maintain your account. Updates to your Theme via Elegant Themes will no longer be supported.
  • As of 2018 KMDD uses the Divi theme exclusively to build our WordPress website. Divi is a proprietary, premium theme. As long as your site remains under contract with KMDD your theme API key is covered under our name. This key is used to authenticate your account which allows for automatic theme and plugin updates via the “Updates” tab in your theme and plugin settings.  If you move your site to a new administrator or hosting server, or cancel your account with us, we will remove our API key from your theme. Your site will remain active but you will have to purchase your own account under the Elegant Themes terms of contract and connect it to your Divi account to receive updates.  

CHANGES TO KMDD TERMS AND CONDITIONS

  • KMDD maintains the right to alter TERMS AND CONDITIONS at any time with notification to you by email.

PRIVACY POLICY

Our privacy policy is here