Terms of Service

Effective Date: October 2025
Website: https://kirkgroup.com
Business Name: The Kirk Group

1. Acceptance of Terms

By accessing or using The Kirk Group’s website, services, or communication channels (including email and SMS), you agree to comply with and be bound by these Terms of Service (“Terms”).
If you do not agree with any part of these Terms, please do not use our website or services.

2. Services Overview

The Kirk Group provides creative, marketing, web design, AI consulting, SEO, and related digital services to businesses and individuals.
Any proposal, quote, or agreement between The Kirk Group and a client may include additional service-specific terms, which will supersede these general terms where applicable.

3. Use of the Website

You agree to use our website and materials only for lawful purposes.
You may not:

  • Copy, modify, or distribute website content without written consent.

  • Attempt to gain unauthorized access to systems or networks connected to our site.

  • Use the site to transmit unlawful, harassing, or harmful content.

We reserve the right to suspend or terminate access for any misuse or violation of these Terms.

4. Intellectual Property

All content on this site—including logos, text, graphics, images, and code—is the property of The Kirk Group or its licensors and is protected by copyright and trademark laws.
You may not reproduce, distribute, or create derivative works without express written permission.

5. Client Work and Deliverables

Projects, creative assets, and deliverables produced for clients remain the intellectual property of The Kirk Group until full payment has been received.
Upon payment, ownership or usage rights will be transferred as specified in the client agreement.
The Kirk Group reserves the right to showcase completed work in portfolios, case studies, or marketing materials unless otherwise agreed in writing.

6. Payment Terms

Payment terms, schedules, and methods are outlined in individual client agreements or invoices.
Late payments may incur additional fees or result in project suspension until the balance is cleared.
All sales are considered final unless otherwise stated in writing.

7. SMS Communications

By submitting your phone number through our website or other communication channels, you consent to receive SMS messages from The Kirk Group, including appointment reminders, updates, and promotional offers.

  • Message frequency varies.

  • Msg & data rates may apply.

  • Reply STOP to opt out or HELP for assistance.

  • Consent is not a condition of purchase.

Carrier partners are not liable for delayed or undelivered messages.

8. Links to Third-Party Sites

Our website may include links to third-party sites or resources.
The Kirk Group is not responsible for the availability, content, or privacy practices of these external sites.
Use them at your own discretion.

9. Disclaimer of Warranties

All services and content are provided “as is” and “as available.”
We make no warranties, express or implied, regarding:

  • The accuracy or reliability of website content.

  • The uninterrupted or error-free operation of the site.

  • Fitness for a particular purpose or merchantability.

10. Limitation of Liability

To the fullest extent permitted by law, The Kirk Group shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or goodwill arising from your use of our services or website.

11. Indemnification

You agree to indemnify and hold harmless The Kirk Group, its owners, employees, and affiliates from any claims, damages, or expenses resulting from your use of the website or violation of these Terms.

12. Changes to Terms

We may update these Terms periodically.
Changes take effect immediately upon posting.
Your continued use of our website or services after such updates constitutes your acceptance of the revised Terms.

13. Governing Law

These Terms are governed by and construed under the laws of the State of California, without regard to its conflict of law principles.
Any disputes will be resolved in state or federal courts located in El Dorado County, California.

14. Contact Information

For questions about these Terms, please contact us at:

The Kirk Group
Email: contact@kirkgroup.com
Website: https://kirkgroup.com
Address: El Dorado Hills, CA 95762 USA