Last Updated: July 1st, 2022
These Terms of Service govern all services provided by KJONGSys LLC (“KJONGSys”, “we”, “us”, “our”) to any client (“Client”, “you”, “your”). By engaging KJONGSys for any service, you agree to be bound by these Terms.
1. Scope of Services
KJONGSys provides digital, technical, and infrastructure services including, but not limited to, website design and development, website hosting, domain procurement and management, email hosting, social media marketing and management, telephony and VoIP services, automation, analytics, technical consulting, and related support services.
Services may vary by client and are defined by invoices, proposals, or written agreements. All services are governed by these Terms regardless of scope.
2. Ownership of Intellectual Property
2.1 Websites and Digital Assets
All websites, website designs, layouts, themes, templates, source code, scripts, plugins, configurations, databases, written content, graphics, images, videos, marketing materials, documentation, and all related digital assets created, hosted, configured, or managed by KJONGSys are and shall remain the exclusive intellectual property of KJONGSys.
Clients are granted a limited, revocable, non exclusive license to use such assets solely during the active service term and only while accounts remain in good standing.
2.2 Non Transferable Rights
No KJONGSys owned asset may be transferred, assigned, sold, migrated, copied, replicated, or provided to any third party without express written consent from KJONGSys. Consent may be granted or denied at KJONGSys’s sole discretion.
3. Discounted Pricing and Ownership Structure
Clients acknowledge that KJONGSys frequently provides discounted pricing for development, hosting, email, marketing, and communication services. These discounted rates are offered in exchange for KJONGSys retaining full ownership of all intellectual property, systems, infrastructure, and digital assets.
Ownership retention is a material condition of pricing and service.
4. Domains and Digital Accounts
4.1 Domain Ownership
Any domain name purchased, registered, renewed, transferred, or managed by KJONGSys is the property of KJONGSys unless explicitly stated otherwise in a separate written agreement.
Clients are granted permission to use the domain only while services remain active and accounts are in good standing.
4.2 Domain Transfers
Domains may not be transferred without written approval. All balances must be paid in full prior to any consideration of transfer. Transfer fees may apply.
4.3 Third Party Platforms
Accounts created or managed by KJONGSys for hosting, DNS, security, analytics, advertising, automation, or integrations may be owned and controlled by KJONGSys unless otherwise agreed in writing.
5. Phone and Communication Services
5.1 Phone Number Ownership
All phone numbers, VoIP accounts, SIP trunks, IVR systems, call routing logic, messaging services, and telephony configurations provisioned or managed by KJONGSys remain the exclusive property of KJONGSys.
5.2 Number Portability
Phone numbers are not portable and may not be transferred without written approval. Approval is not guaranteed.
5.3 License to Use
Clients are granted a limited license to use assigned numbers solely during the active service term.
6. Social Media and Marketing Services
All marketing strategies, creative materials, graphics, written content, scheduling systems, analytics, reports, and automation created or managed by KJONGSys are the intellectual property of KJONGSys.
If access is granted to an existing social media account, KJONGSys does not claim ownership of the platform account itself. All content created by KJONGSys remains owned by KJONGSys.
7. Prohibition on Outside Developers and Third Parties
Clients may not hire, engage, or permit any outside developer, contractor, consultant, or third party to access, modify, reproduce, migrate, reverse engineer, or interfere with any KJONGSys owned website, system, database, configuration, codebase, hosting environment, DNS, phone system, or administrative platform.
Unauthorized access or modification will result in immediate suspension or termination of services, revocation of all licenses, and may incur restoration, remediation, or security fees.
8. Business Transfers, Asset Sales, and Change of Ownership
Any sale, assignment, transfer, merger, acquisition, or change in ownership of a Client’s business does not convey ownership of any KJONGSys owned assets.
KJONGSys owned assets include websites, domains, hosting systems, databases, customer records, phone numbers, social media content, marketing materials, automation systems, analytics, and all associated intellectual property.
KJONGSys is not a party to and is not bound by any third party purchase agreement, asset sale agreement, or merger agreement. No such agreement may override these Terms.
All licenses granted terminate upon service termination regardless of any business sale or ownership change.
A buyer, successor, or assignee has no right to access or control KJONGSys assets without express written approval.
9. Buyer Onboarding and Approval
Any buyer or successor seeking continued use of KJONGSys services must apply for onboarding approval. Approval is at KJONGSys’s sole discretion and may require:
- New service agreements
- Updated pricing
- New payment methods
- Security review
- Revised service scope
KJONGSys is under no obligation to continue services for a buyer or successor.
10. Customer Data, Databases, and Access Rights
Client access to customer information, contact lists, transactional records, analytics, or operational data does not constitute ownership.
All databases, structures, schemas, storage systems, backups, and underlying data environments are part of KJONGSys owned systems.
Customer lists and operational data stored in KJONGSys systems are not transferable business assets and may not be sold, assigned, or conveyed as part of any business sale.
Access is provided solely for operational use during the service term and does not survive termination.
11. Data Export Discretion
KJONGSys may, but is not required to, provide data exports at its discretion. Data exports are subject to:
- Written request approval
- Payment of outstanding balances
- Administrative and processing fees
- Security and compliance review
KJONGSys reserves the right to deny export requests where disclosure poses operational, legal, or security risk.
12. Payments and Billing
Invoices are due upon receipt unless otherwise stated. Nonpayment may result in suspension or termination.
All fees are non refundable unless required by law.
13. Liquidated Damages for Unauthorized Transfer Attempts
Any attempt by a Client or third party to transfer, sell, assign, or misrepresent ownership of KJONGSys assets constitutes a material breach.
Client agrees that damages from such actions are difficult to quantify. As such, Client agrees to liquidated damages of no less than $10,000 per violation, in addition to recovery of costs, remediation fees, legal expenses, and lost revenue.
This does not limit KJONGSys’s right to seek injunctive relief.
14. Service Suspension and Termination
KJONGSys may suspend or terminate services for nonpayment, violations, unauthorized access, business transfer attempts, or misuse.
Upon termination, all access to KJONGSys systems and assets ceases immediately.
15. Limitation of Liability
Services are provided as is. KJONGSys is not liable for downtime, data loss, revenue loss, or third party failures.
Total liability shall not exceed the amount paid by the Client in the preceding thirty days.
16. Acceptable Use
Clients may not use services for illegal, harmful, abusive, or infringing activities. Violations may result in immediate suspension.
17. Governing Law
These Terms are governed by the laws of the State of Florida. All disputes shall be resolved exclusively in Florida courts.