I BRING YOUR CLIENTS HIGH FIDELITY PSD, INDESIGN, ILLUSTRATOR OR SKETCH DESIGNS TO LIFE.

Hire Me

PARTNERING WITH THE RIGHT WEB DEVELOPER YIELDS SIGNIFICANT INCREASES IN REVENUE, SUSTAINABILITY, PROJECT TURNAROUND, AND OVERALL SCALING OF YOUR CREATIVE BUSINESS.

OUTSOURCING FRONT-END DEVELOPMENT CAN BE FRUSTRATING.
  • UNDERSKILLED CONTRACTORS WHO AREN’T TRANSPARENT ABOUT PROJECT DELIVERABLES.
  • UNAUTHORIZED EDIT OF THE PROJECT DESIGN WITHOUT REGARD TO THE CLIENT’S BUSINESS NEEDS, LEAVING YOU AND YOUR TEAM TO PICK PUT THE PIECES AND LOSING PRECIOUS TIME.
  • CONTRACTORS WHO DON’T PRESENT CLEAR CLIENT ONBOARDING, TERMS OF SERVICES, REFUND POLICIES, OR EVEN A DECENTLY WRITTEN CONTRACT.
  • CONTRACTORS WHO DON’T COMMUNICATE FREQUENTLY ON THE PROJECT STATUS THROUGHOUT THE DURATION OF THE COLLABORATION.
  • DELAYED PROJECTS BECAUSE DEADLINES WEREN’T A PRIORITY TO THE CONTRACTOR, RESULTING IN LOST REVENUE.
WE’RE A GOOD FIT IF:
  • YOU’RE READY TO EMBRACE WORKING WITH A DEVELOPER WHO WILL MAKE YOUR BUSINESS AND YOUR CLIENTS PROJECT GOALS A PRIORITY.
  • YOU’RE READY FOR TIMELY FINISHED PROJECTS CODED PROPERLY, LOOKING, AND FUNCTIONING EXACTLY AS YOU ORIGINALLY DESIGNED.
  • YOU’RE READY FOR WELL-ORGANIZED, SEO FRIENDLY, RESPONSIVE, AND CLEAN CODE.
  • YOU’RE READY FOR A WELL-STRUCTURED ONBOARDING PROCESS AND WEEKLY PROGRESS UPDATES.
  • YOU HAVE MOCKUPS OR WIREFRAMES OF YOUR CLIENT’S DESIGNS. I’M A DEVELOPER, NOT A DESIGNER THERE’S A DIFFERENCE!
CODE:

I’LL ORGANIZE YOUR PROJECT IN TRELLO, WHICH IS MY PREFERRED PROJECT MANAGEMENT SOFTWARE (IF YOU USE SOMETHING DIFFERENT JUST LET ME KNOW).  NEXT, WE WILL DISCUSS AND EVALUATE YOUR DESIGN AND DETERMINE THE APPROPRIATE DEVELOPMENT APPROACH FOR YOUR CLIENT;S PROJECT.

WITH YOUR PSD, ILLUSTRATOR, OR INDESIGN MOCK UP, I’LL OPTIMIZE YOUR PROJECT ASSETS LIKE VIDEO, IMAGES, AND PHOTOS FOR SEO AND SITE PERFORMANCE.  THEN I’M OFF TO CODING FROM THERE.

 

DELIVERABLES:

I’LL CHECK IN WITH YOU WEEKLY WITH UPDATES ON THE PROGRESS OF THE PROJECT UNTIL THE END.  I WILL INSTALL YOUR CLIENT’S WEB PROJECT ON THEIR DESIGNATED SERVER.  EACH PROJECT IS DEVELOPED AND TESTED ACROSS ALL DEVICES TYPES AND I WILL PROVIDE THE RESULTS OF ALL PERFORMANCE AND VALIDATION TESTS. YOU’LL BE PROVIDED WITH CODE DOCUMENTATION AND VIDEO TUTORIALS FOR EACH PROJECT TO HELP YOUR CLIENT WITH TRAINING, OWNERSHIP AND PROJECT SCALABILITY.

YOUR CLIENTS ARE RESTAURANT’S, ONLINE RETAILERS, REAL ESTATES AGENTS, PHOTOGRAPHERS, MUSICIANS, WEDDING PLANNERS, COACHES, AND NONPROFITS.

IF YOU, AS A DESIGNER, WANT TO EMPOWER YOUR CLIENT WITH THE ABILITY TO CHANGE, UPDATE OR EDIT THEIR ONLINE CONTENT.

WANT TO DELIVER TO YOUR CLIENT A PLATFORM THAT’S EASY TO NAVIGATE AND IS CUSTOMIZED FOR THEIR BUSINESS NEEDS.
YOUR CLIENTS WANT BLOGS, ONLINE STOREFRONTS WITH E-COMMERCE FUNCTIONALITY, EVENT REGISTRATION AND CONTACT FORMS, PAYMENT GATEWAY INTEGRATION.
YOUR CLIENT’S WEBSITE NEEDS TO BE DYNAMIC SO YOUR CLIENT’S USERS CAN READ ARTICLES, SHOP E-COMMERCE, TAKE A CLASS ONLINE, REGISTER FOR AN EVENT OR SUBSCRIBE.

YOUR CLIENT NEEDS A CMS PLATFORM LIKE WORDPRESS FOR DYNAMIC WEB DEVELOPMENT!

ALL CUSTOM WORDPRESS THEMES ARE DEVELOPED WITH THE BEST WP CODING STANDARDS AND PACKAGED WITH ESSENTIAL WP PLUGINS ENABLING FUNCTIONALITY FOR YOUR CLIENTS BUSINESS NEEDS.
INCREASE YOUR CLIENTS LEAD GENERATION OR WITH EMAIL OPT-IN FUNCTIONALITY ADDED INTO YOUR CLIENT’S PROJECT.
GIVE YOUR CLIENTS INCREASED VISIBILITY ON SOCIAL MEDIA WITH SOCIAL SHARING CONFIGURED ON THEIR WEBSITES PAGES AND POSTS.
SELL MORE OF YOUR CLIENT’S PRODUCTS ONLINE WITH E-COMMERCE FUNCTIONALLY AND PAYMENT GATEWAY INTERFACES.
HELP YOUR CLIENT OFFER CONTENT TO MEMBERS ONLY.

I PROVIDE SECURE AND RELIABLE FREELANCE FRONT-END DEVELOPMENT.
  • ON-TIME DELIVERY OF THE PROJECT TO SECURE YOUR PROJECT REVENUE.
  • CLEAR, TO-THE-POINT POLICIES, TERMS OF SERVICE, AND PROJECT DOCUMENTATION.
  • SEAMLESS PROJECT ONBOARDING.  IT SERVES MY PARTNERSHIPS BEST TO HAVE A DETAILED PROCESS FOR OPTIMAL CLIENT-DEVELOPER COLLABORATION.
  • WEEKLY UPDATES ABOUT THE PROGRESS OF YOUR PROJECT.
WHAT OUR COLLABORATION WILL LOOK LIKE PROCESS:

SIMPLY COMPLETE A SHORT PLANNING QUESTIONNAIRE THAT WILL ENABLE ME TO HAVE AN UNDERSTANDING OF THE PROJECT SCOPE AND WHEN AND WHAT SERVICES YOUR CLIENT WILL NEED.  WE’LL HAVE A MEETING EITHER BY SKYPE OR GOOGLE HANGOUTS AND DISCUSS IN-DEPTH THE SCOPE OF YOUR CLIENT’S PROJECT.  YOU CAN EXPLAIN THE BUSINESS GOALS OF YOUR CLIENTELE, AND THE SPECIFICS OF THE PROJECT CUSTOMIZATION.  THEN WE WILL SCHEDULE A DESIRED START DATE AND GO OVER THE TERMS SERVICE FOR BOTH PARTIES.

GET YOUR DESIGNS CONVERTED INTO LIVE WEB APPLICATIONS THAT MAKE YOUR CLIENTS MONEY, GROW THEIR AUDIENCE AND COMMUNICATE THEIR BRAND, SERVICES, AND PRODUCTS

INCREASE YOUR CLIENT’S ONLINE PRESENCE WITH THE MOST CURRENT SEMANTIC MARKUP AND STYLING CODE THAT WORKS ACROSS ALL BROWSERS.

ALL WEB PROJECTS ARE CODED FOR RESPONSIVENESS ACROSS ALL DEVICE TYPES AND OPTIMIZED FOR FAST PAGE LOAD.
ALL VIDEO, PHOTO, AND AUDIO FILES ARE OPTIMIZED FOR FAST LOAD AND BROWSER COMPLIANCE AND ARE CODED WITH ALT TAGS.

CREATE AN ENGAGING EXPERIENCE FOR YOU CLIENTS CUSTOMERS WITH CSS AND JS ANIMATIONS.

GIVE YOUR CLIENTS AUDIENCES A GREAT USER EXPERIENCE WITH ACCESSIBILITY FOCUSED DEVELOPMENT.
YOUR CLIENTS WILL GET THE TRAINING THEY NEED TO START LOVING THEIR NEW WEBSITE. YOUR CLIENTS WILL GET VIDEO TUTORIALS AND WRITTEN DOCUMENTATION OF YOUR CLIENT’S PROJECT.  YOUR CLIENT’S WEBSITE BUILD INCLUDES 30-DAY EMAIL SUPPORT.

FREQUENTLY ASKED QUESTIONS

&

TERMS

Privacy

PRIVACY POLICY

BY VISITING KAYADIGITALMEDIA.COM, YOU ARE CONSENTING TO OUR

PRIVACY POLICY.

OVERVIEW

KAYA DIGITAL MEDIA is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at KAYADIGITALMEDIA.COM, and how we collect and use that information.

The terms “we,” “us,” and “our” refers to KAYA DIGITAL MEDIA. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the KAYADIGITALMEDIA.COM.

The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address.

WEB DESIGN, WEB DEVELOPMENT, COPYWRITING, CONTENT STRATEGY

Use of KAYADIGITALMEDIA.COM, including all materials presented herein and all online services provided by KAYA DIGITAL MEDIA, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the site or service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

INFORMATION WE COLLECT

KAYADIGITALMEDIA.COM only collects the personal information you voluntarily provide to us, which may include:

  • BUSINESS INFO
  • NAME
  • EMAIL

The information you provide is used to process transactions, send periodic emails, and improve the service we provide. We do share your information with trusted third parties who assist us in operating

our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.

ACTIVITY

We may record information relating to your use of the KAYADIGITALMEDIA.COM, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the site and provide the highest possible level of service to you.  We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of KAYADIGITALMEDIA.COM.

COOKIES

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service.  The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the site.  We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them).  You have the ability to accept or decline cookies using your web browser settings.  If you choose to disable cookies, some areas of KAYADIGITALMEDIA.COM may not work properly or at all.  The Site does not respond to Do Not Track signals sent by your browser.

THIRD PARTY LINKS

KAYADIGITALMEDIA.COM may contain links to third party websites.  Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our site. Other sites accessible through KAYADIGITALMEDIA.COM via links or otherwise have their own policies in regard to privacy.  We are not responsible for the privacy policies or practices of third parties.

SECURITY

We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure.  However, no exchange of data over the Internet can be guaranteed as 100% secure.  While we make every effort to protect your personal information shared with us through our site, you acknowledge that the personal information you voluntarily share with us through this site could be

accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our site without our knowledge or permission.  Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

To access or use KAYADIGITALMEDIA.COM, you must be 18 years old or older and have the requisite power and authority to enter into this Privacy Policy.  Children under the age of 18 are prohibited from using the site.

UPDATING YOUR INFORMATION

You may access and correct your personal information and privacy preferences by contacting us via email at FAREEDAH@development.kayadigitalmedia.com.

CHANGES TO THIS POLICY

You acknowledge and agree that it is your responsibility to review KAYADIGITALMEDIA.COM and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.

CONTACT

If you have questions about our privacy policy, please email me at  FAREEDAH@development.kayadigitalmedia.com.

Updated: (JANUARY 2016)

What is the Process?

Step 1   Complete the White Lable Services for Developers, Agencies & Freelancers Questionnaire on our website.

Step 2   Next together we’ll schedule an in-depth face to face meeting using Google Hangouts or Skype to discuss any further details or concerns about the project(s).

This meeting is usually about an hour and we’ll discuss in depth he scope of the project.  If it’s decided that this project is a good fit for both parties involved, then we’ll schedule the start date of the project.  Project start dates require at least two weeks lead time to ensure schedule availability with other clients and projects.

Step 3   You’ll be emailed the contract agreement for services with Kaya Digital Media and invoice provided services Via QuickBooks.  Deposits must be paid and Contracts require E-signature prior to the start date of any project.

Typical project timelines are between 2-4 weeks from the start date.

Step 4   Submit the complete and client-approved files to work from to the chosen project management system. The more detailed the better, reducing any back and forth regarding design.  Include layered PSDs, descriptive labels, page layout mockups, or even a simple page mockup and separated graphics for the logo, background, and other graphical elements. Please provide examples of transitions or animations whenever possible and note that these are often an additional fee.

Step 5   Once you have all the elements locked in I’ll code the website using best coding practices, current web standards and responsiveness across all device types. You will have 2 opportunities for revisions of your client’s website.

Step 6  Once the Final Invoice is paid, your final version of your website  will be uploaded to your client’s  desired domain name and web host.  All code files, project documentation and client tutorials will be delivered to you and your client in your goodbye package.

How do we communicate?

  I use project management software Trello to track the progress of your project. Email: Fareedah@development.kayadigitalmedia.com  Office Hours for Google Hangout/Skype Calls: Mon & Thur from 10pm-4pm MST 

 

How do I pay for my website project?

PAYMENT

You’ll be invoiced by Quickbooks.  Upon receipt of your invoice, payment can be made online via your invoice with any major credit card, Paypal account or electronic check. Please note that services will not be rendered if payments have not cleared your financial institution.

 

What if I need my website really fast?

RUSH JOBS

Typically our developers ideal work with at least two weeks in advance.  Special rush request will be taken on a case by case basis and are subject to a Rush Fee of $500.00 (collected with your deposit) within 5 days of the start date.  In other words, if we begin the job on Monday the soonest your site can be ready is by Friday.

 

How long will my project take?

Time span of project

This can vary from project to project.  Typically a client’s web project complete with content can be finished within 2-4 weeks. This is provided however content such as existing copy photographs, articles and images

Is there a deposit?

Deposit

A deposit 50% of the total fee is due on or before the start date of your project non-refundable

If you’re scheduling in 30 days days or more in advance, you’ll pay 25% as a non-refundable deposit to book your spot in our schedule and 25% by the start date.

The final 50% is due before site launch or 30 days after start date, whichever comes first.
Payment is accepted via use any major credit card or Paypal account.

Legal

TERMS AND CONDITIONS

BY VISITING KAYA DIGITAL MEDIA, YOU ARE CONSENTING TO OUR

TERMS AND CONDITIONS.

OVERVIEW

The terms “we,” “us,” and “our” refer to KAYA DIGITAL MEDIA. The term the “Site” refers to KAYADIGITALMEDIA.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

Web Design & Development, WordPress Child Themes, Copywriting, Content Strategy.

Use of KAYADIGITALMEDIA.COM, including all materials presented herein and all online services provided by KAYA DIGITAL MEDIA, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions.  Children under the age of 18 are prohibited from using the Site.  Information provided on the Site and in the Service related to web design and copywriting and other information are subject to change.  KAYA DIGITAL MEDIA makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free.  KAYA DIGITAL MEDIA disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information.  You agree that any registration information you give to Kaya Digital Media will always be accurate, correct, and up to date.  You must not impersonate someone else or provide account information or an email address other than your own.  Your account must not be used for any illegal or unauthorized purpose.  You must not, in the use of the Service, violate any laws in your jurisdiction.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only.  You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.  You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.  You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests.  We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so.  No order is deemed accepted by us until payment has been processed.  We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery.  In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

All Deposits are Non-Refundable

Clients can, however, delay their project to a later date.  Fees applied for delayed projects.

If Kaya Digital Media needs to cancel the project you will be refunded in full and we will do our best to direct you to another Agency/Designer/Developer.  If, for any reason, our collaboration cannot move forward resulting in an incomplete project then all project materials such all files to the unfinished website and content will be emailed back to the client.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible.  We will strive to be as clear as possible in explaining the Service, we will work diligently to help insure the Site is as  accurate, current, and error-free as possible.  We will correct any errors in pricing and descriptions, as needed.  We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you.  You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission.  For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to KAYA DIGITAL MEDIA. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service.  Content you submit to KAYA DIGITAL MEDIA remains yours to the extent that you have any legal claims therein.  You agree to hold KAYA DIGITAL MEDIA harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.  By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by KAYA DIGITAL MEDIA, including trademarks, copyrights, proprietary information, and other intellectual property.  You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent.  We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

CHANGED TERMS

We may at any time amend these Terms and Conditions.  Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site.  Any use of the Site or Service by you after being notified means you accept these amendments.  We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time.  We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE.  ADDITIONALLY, KAYA DIGITAL MEDIA IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.  THE FOREGOING APPLIES EVEN IF KAYA DIGITAL MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.  IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL KAYA DIGITAL MEDIA’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM KAYA DIGITAL MEDIA, AND IF NO PURCHASE HAS BEEN MADE BY YOU KAYA DIGITAL MEDIA’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources.  You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources.  Links to such websites or resources do not imply any endorsement by or affiliation with KAYA DIGITAL MEDIA.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.  You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.  You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and KAYA DIGITAL MEDIA pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us.  No waiver of any of the provisions of this Agreement by KAYA DIGITAL MEDIA shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by KAYA DIGITAL MEDIA.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

FAREEDAH@development.kayadigitalmedia.com

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Utah as applied to contracts that are executed and performed entirely in Utah.  The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Weber County, Utah.  The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree.  The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns.  These Terms and Conditions are not assignable, delegable, sub-licenseable, or otherwise transferable by you.  Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: JANUARY 2016

 

WORK WITH ME!