Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and AK Digital House LLC, a limited liability company organized under the laws of the State of North Carolina ("Company," "we," "us," or "our"). By accessing our website at akdigitalhouse.com (the "Site") or engaging our Services, you represent that you are at least 18 years of age, have the legal authority to enter into this agreement, and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must not access the Site or use our Services.

2. Services

AK Digital House LLC provides digital marketing services including, without limitation, website design and development, search engine optimization (SEO), paid advertising management (Google Ads, Meta Ads, LinkedIn Ads), and branding and creative design (collectively, the "Services"). The specific scope, deliverables, timeline, and pricing for any engagement are defined in a separate written proposal, statement of work, or client agreement ("Project Agreement") executed between the parties. In the event of a conflict between these Terms and a Project Agreement, the Project Agreement shall control.

3. Use of the Site

3.1 Permitted Use

You may access and use the Site solely for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site.

3.2 Prohibited Conduct

You agree not to: (a) attempt to gain unauthorized access to any portion or feature of the Site or any system or network connected to the Site; (b) use any automated means, including bots, scrapers, or data mining tools, to access, collect, or index content from the Site; (c) transmit any viruses, malware, or harmful code; (d) use the Site for any fraudulent or unlawful purpose; or (e) impersonate any person or entity or misrepresent your affiliation with any person or entity.

4. Intellectual Property Rights

4.1 Company Content

All content on the Site — including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software — is the property of AK Digital House LLC or its content suppliers and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, publicly display, modify, create derivative works of, or otherwise exploit any content from the Site without our prior written permission.

4.2 Client Deliverables

Upon receipt of full and final payment for a project, the Company assigns to the Client all right, title, and interest in the original work created specifically for that project, including any applicable copyrights, except as provided in Section 4.3 below. This assignment is effective only upon full payment and does not apply to preliminary concepts, rejected designs, or exploratory work.

4.3 Third-Party Materials and Company Tools

Any third-party materials incorporated into deliverables — including licensed stock photography, fonts, plugins, templates, or software libraries — remain subject to their respective third-party licenses. The Client is responsible for ensuring continued compliance with those licenses. The Company retains ownership of all proprietary tools, frameworks, code libraries, and methodologies developed independently of any specific client project.

4.4 Portfolio License

Unless otherwise agreed in writing, the Company reserves the right to display work created for the Client in its portfolio, website, and marketing materials for the purpose of promoting the Company's services.

5. Client Responsibilities

The Client agrees to: (a) provide accurate, complete, and timely information, materials, and approvals reasonably required for the Company to perform the Services; (b) designate a primary point of contact with authority to make decisions on the Client's behalf; (c) review and respond to requests for feedback or approval within the timeframes specified in the Project Agreement; and (d) ensure that all content or materials provided to the Company do not infringe any third-party rights and comply with all applicable laws. Delays arising from the Client's failure to meet these obligations may extend project timelines and, if material, may result in additional fees as described in the Project Agreement.

6. Payment Terms

Fees, payment schedules, and milestones are set forth in the applicable Project Agreement. Unless otherwise specified in writing: (a) invoices are due and payable within 15 days of the invoice date; (b) a deposit equal to 50% of the total project fee may be required before work commences; (c) late payments accrue interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower); and (d) the Company reserves the right to suspend Services for any account more than 15 days past due. All fees are non-refundable unless explicitly stated otherwise in a signed written agreement. The Client is responsible for all applicable taxes, duties, and similar assessments, excluding taxes on the Company's income.

7. Confidentiality

Each party agrees to hold in strict confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Each party agrees not to use the other party's Confidential Information for any purpose outside the scope of the Services, and to protect the confidentiality of such information using at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care. This obligation survives the termination or expiration of any engagement between the parties for a period of three (3) years.

8. Representations and Warranties

Each party represents and warrants that: (a) it has the full legal authority to enter into these Terms; (b) its performance under these Terms will not violate any agreement to which it is a party or any applicable law or regulation; and (c) it will comply with all applicable federal, state, and local laws in connection with its activities under these Terms. The Client additionally represents that any materials it provides to the Company are either owned by the Client or that the Client has the right to use them for the purposes contemplated herein.

9. Disclaimer of Warranties

THE SITE AND ANY INFORMATION OR CONTENT PROVIDED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

REGARDING THE SERVICES, WHILE THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO ACHIEVE THE OBJECTIVES OF A PROJECT, WE DO NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING BUT NOT LIMITED TO SPECIFIC RANKINGS, TRAFFIC LEVELS, LEADS, OR REVENUE OUTCOMES, AS SUCH RESULTS DEPEND ON FACTORS OUTSIDE OUR CONTROL.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AK DIGITAL HOUSE LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CLIENT TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless AK Digital House LLC and its members, officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content or materials you provide to the Company that infringe or misappropriate any third-party rights.

12. Term and Termination

These Terms remain in effect for as long as you use the Site or have an active engagement with the Company. Either party may terminate an ongoing services engagement by providing 30 days' prior written notice to the other party. Upon termination: (a) all outstanding fees for work performed up to the termination date become immediately due and payable; (b) each party shall return or destroy the other party's Confidential Information; and (c) Sections 4, 7, 9, 10, 11, 13, and 14 of these Terms shall survive termination. The Company reserves the right to terminate access to the Site immediately for violation of these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved by good-faith negotiation shall be submitted to binding arbitration in Wake County, North Carolina, in accordance with the rules of the American Arbitration Association. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidential information. You agree that any claims must be brought individually and not as part of a class action or representative proceeding.

14. General Provisions

• Entire Agreement. These Terms, together with any applicable Project Agreement, constitute the entire agreement between you and the Company with respect to the subject matter herein and supersede all prior agreements, understandings, representations, and warranties.
• Amendments. We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last updated" date. Your continued use of the Site or Services after any modification constitutes acceptance of the revised Terms.
• Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Failure to assert a right or provision shall not constitute a waiver.
• Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.
• Force Majeure. Neither party shall be liable for delays or failures in performance resulting from causes beyond that party's reasonable control, including acts of God, natural disasters, war, terrorism, government action, or internet service outages.
• Notices. All notices under these Terms shall be in writing and delivered by email to the addresses designated by each party. Notices to the Company shall be sent to contact@akdigitalhouse.com.

15. Contact Information

For questions or concerns regarding these Terms, please contact us:

AK Digital House LLC
Raleigh, North Carolina
contact@akdigitalhouse.com
(919) 578-7829