By engaging Kdigital for performance marketing services, the Client agrees to the following terms and conditions:

1. Services Provided
   Kdigital (the “Service Provider”) agrees to provide performance marketing services to the Client, which includes managing and optimizing digital advertising campaigns as mutually agreed upon.
2. Access to Advertising Accounts
   The Client agrees to provide the Service Provider with access to their advertising accounts to monitor and manage ad performance.
3. Client Responsibilities
   The Client is responsible for supplying all necessary content and creative assets required for the advertising campaigns. The Client must review and approve all ads before they are launched. The Client also agrees to follow all relevant platform policies, such as Meta’s advertising guidelines.
4. No Guarantee on Sales
   While the Service Provider will use reasonable efforts to optimize the Client’s advertising campaigns, no guarantee is made regarding the sales or performance outcomes of the Client’s products.
5. Factors Affecting Sales
   The Client acknowledges that the Service Provider is not responsible for factors that may affect product sales, such as product quality, pricing, market demand, supply chain issues, website functionality, or customer service.
6. Payment Terms
   All payments to the Service Provider will be made via bank transfer, as agreed upon. 100% payment must be made in advance. If the Client opts for a post-money mode (i.e., revenue-based payment), the payment will be based on the final price shown in the ads manager. In this case, there will be no effect on the payment due to any cancellations, returns, or other factors. The Service Provider will still charge the Client the amount shown in the ads manager, regardless of any return to origin (RTO) or cancellations.
7. Termination of Agreement
   Either party may terminate this agreement at any time by providing 15 days’ written notice. Upon termination, the Client agrees to pay for any services rendered by the Service Provider up to the date of termination.
8. Limitation of Liability
   The Service Provider will not be liable for any indirect or incidental damages, such as lost profits or loss of business, that may arise in connection with this agreement. The total liability of the Service Provider will be limited to the amount of fees paid by the Client up to the point of the claim.
9. Confidentiality
   Both parties agree to keep any confidential information shared during the course of this agreement private and not disclose it to third parties without prior consent, unless required by law.
10. Intellectual Property
    The Client grants the Service Provider permission to use their trademarks, logos, and other intellectual property for the purposes of delivering the agreed-upon services. The Service Provider may also use the Client’s logos on their website.
11. External Factors and Force Majeure
    The Service Provider will not be held responsible for any delays or failures in service delivery due to circumstances beyond their control, such as natural disasters, government actions, or internet outages.
12. Data Protection and Privacy
    Both parties agree to handle all data shared under this agreement in compliance with applicable privacy standards. The Service Provider will take reasonable precautions to protect the Client’s data but will not be liable for unauthorized access due to unforeseen circumstances.
13. Governing Principles
    This agreement is based on mutual trust and understanding between the Client and the Service Provider. It is intended to be fair and reasonable, reflecting the informal nature of this arrangement.
14. Dispute Resolution
    In the event of a disagreement, both parties agree to first try to resolve the issue through open communication and discussion. If a resolution cannot be reached, the parties may consider mediation or another mutually acceptable form of dispute resolution before considering any legal action.
15. No Warranties
    The Service Provider does not make any guarantees about the success or outcomes of the advertising campaigns, nor the suitability of the advertising platforms used.
16. Agreement Scope
    This document reflects the entire understanding between the Client and the Service Provider regarding the services to be provided. It replaces any previous discussions or agreements related to the same services.
17. Changes to the Agreement
    Any changes to this agreement should be documented in writing and agreed upon by both parties.
18. Non-Transferability
    This agreement is specific to the Client and the Service Provider and cannot be transferred to another party without mutual consent.
19. Notice of Communication
    Any important communications or notices related to this agreement should be sent in writing, either by email or another agreed-upon method.
20. Authority
    Both parties confirm that they have the authority to enter into this agreement and fulfill their respective responsibilities.
21. Agreement Execution
    This agreement can be accepted and agreed upon via email or other electronic means, and such acceptance will be considered as binding as a signed document.