Terms of Service

These Terms of Service govern your use of the Beyond Kino LLC website and any services provided by Beyond Kino LLC ("Beyond Kino," "we," "our," or "us").

By accessing our website, submitting a form, requesting a quote, or purchasing services, you agree to these Terms of Service.

1. Services

Beyond Kino provides creative, production, advertising, consulting, and marketing services, including:

• Website design and development
• Website maintenance
• Video production
• Video editing
• Photography
• Commercial production
• Social media management
• Content creation and strategy
• Advertising creative
• Advertising campaign management
• Marketing consulting
• Related creative and technical services

The specific scope, pricing, timeline, deliverables, and payment terms for client work will be described in a separate proposal, statement of work, contract, invoice, or client agreement.

2. Quotes and Estimates

Quotes, website calculator results, projections, and estimates are provided for informational purposes and are not binding unless included in a written agreement signed or accepted by Beyond Kino.

Pricing may change based on project scope, complexity, revisions, deadlines, travel, licensing, third-party expenses, or additional services requested by the client.

3. Client Agreements

New clients may be required to accept a written agreement before work begins. If a written client agreement conflicts with these Terms, the written client agreement will control for that project.

4. Client Responsibilities

Clients agree to:

• Provide complete and accurate project information
• Provide requested assets, files, access, and credentials
• Respond to questions and approval requests promptly
• Review deliverables within the requested review period
• Provide clear, consolidated feedback
• Obtain permission to use materials supplied to Beyond Kino
• Comply with applicable platform rules and laws
• Make payments according to the agreed schedule

Client delays may result in postponed deadlines, rescheduling fees, additional charges, or temporary suspension of work.

5. Payments

Payment amounts, deadlines, retainers, deposits, recurring fees, and billing schedules will be stated in the applicable proposal, agreement, or invoice.

Beyond Kino may pause work, withhold deliverables, disable services, or postpone launch dates when an account is overdue.

Clients are responsible for approved third-party costs, including ad spend, software, hosting, stock assets, licensing, plugins, travel, printing, platform fees, and other project expenses unless otherwise agreed in writing.

6. Revisions and Scope Changes

Included revisions will be described in the applicable proposal or agreement.

Requests outside the agreed scope, including substantial creative changes, additional deliverables, new pages, extra filming, additional editing, or repeated revision rounds, may require additional fees and an updated timeline.

7. Project Timelines

Project schedules and delivery dates are estimates provided in good faith. Timelines may change because of:

• Client delays
• Scope changes
• Revision requests
• Weather or filming conditions
• Travel disruptions
• Platform outages
• Third-party delays
• Equipment failure
• Illness, emergencies, or circumstances outside our control

8. Cancellations and Rescheduling

Cancellation, rescheduling, and refund terms may be included in the applicable client agreement.

Beyond Kino may charge for completed work, reserved production time, incurred expenses, nonrefundable purchases, and work performed before cancellation.

9. Intellectual Property

Unless otherwise agreed in writing:

• Beyond Kino retains ownership of source files, project files, templates, drafts, unused concepts, production files, editing timelines, internal systems, methods, and working materials.
• Clients receive the agreed rights to final approved deliverables after all related invoices have been paid in full.
• Third-party assets remain subject to their original licenses and usage restrictions.
• Clients may not resell, sublicense, modify, distribute, or reuse source materials unless permission is granted in writing.

10. Client-Provided Materials

Clients represent that they have the necessary rights, licenses, releases, and permissions for materials they provide to Beyond Kino.

Clients are responsible for claims arising from unauthorized, infringing, misleading, or unlawful client-provided materials.

11. Portfolio and Promotional Use

Unless otherwise agreed in writing, Beyond Kino may display completed work, campaign results, client names, logos, screenshots, excerpts, photographs, videos, and project descriptions in:

• Portfolios
• Case studies
• Social media
• Award submissions
• Presentations
• Sales materials
• Advertising and promotional materials

Confidential or embargoed projects will not be publicly shared before the agreed release date.

12. Advertising Services

Advertising performance depends on factors outside Beyond Kino's control, including:

• Industry and competition
• Advertising budget
• Audience size and quality
• Platform algorithms
• Website quality
• Sales process
• Offer strength
• Market conditions
• Client responsiveness

Clients remain responsible for ad spend, product claims, promotions, legal compliance, platform approvals, and the accuracy of information used in advertising.

13. Results Disclaimer

Beyond Kino does not guarantee specific views, followers, engagement, website traffic, rankings, leads, sales, revenue, return on ad spend, conversion rates, or other business outcomes.

Case studies, testimonials, calculators, projections, and past performance are illustrative and do not guarantee future results. Actual results vary by business, industry, market, offer, budget, website quality, sales process, and other factors.

14. Third-Party Platforms

Our services may depend on third-party platforms, including Google, Meta, Instagram, Facebook, TikTok, YouTube, Squarespace, Wix, WordPress, hosting providers, scheduling tools, plugins, and payment processors.

Beyond Kino is not responsible for third-party outages, policy changes, account suspensions, algorithm changes, lost data, discontinued features, security incidents, or service interruptions.

15. Website Projects

Website services may involve third-party platforms, themes, plugins, integrations, hosting services, fonts, stock assets, and software.

Beyond Kino is not responsible for problems caused by unauthorized client changes, third-party updates, expired subscriptions, hosting failures, malware, unsupported plugins, or services outside the agreed maintenance scope.

16. Website Accessibility and Legal Compliance

Unless expressly included in a written agreement, Beyond Kino does not provide legal advice or guarantee that a website complies with every accessibility, privacy, industry, consumer protection, or regulatory requirement.

Clients are responsible for obtaining appropriate legal advice and approving required policies, disclosures, claims, and compliance materials.

17. Confidentiality

Both parties should use reasonable care to protect confidential information received during a project. Information that is public, independently developed, lawfully obtained elsewhere, or required to be disclosed by law is not considered confidential.

18. Website Use

You agree not to:

• Use our website for unlawful purposes
• Attempt unauthorized access to our systems
• Upload or distribute malware
• Interfere with website performance or security
• Copy or redistribute website content without permission
• Impersonate another person or organization
• Submit false, deceptive, or fraudulent information

19. Disclaimer of Warranties

To the fullest extent permitted by law, our website and services are provided on an "as is" and "as available" basis. Beyond Kino disclaims warranties not expressly stated in a written agreement.

20. Limitation of Liability

To the fullest extent permitted by law, Beyond Kino will not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, lost data, missed opportunities, or business interruption.

Unless otherwise required by law or agreed in writing, Beyond Kino's total liability arising from a specific project will not exceed the amount paid to Beyond Kino for the services directly giving rise to the claim.

21. Indemnification

You agree to indemnify and hold Beyond Kino harmless from claims, losses, damages, liabilities, and expenses arising from:

• Your misuse of our website or services
• Materials or instructions you provide
• Your violation of these Terms
• Your violation of applicable law
• Your violation of another party's rights

22. Termination

Beyond Kino may refuse, suspend, or terminate services when a client violates an agreement, fails to pay, behaves abusively, requests unlawful work, creates unreasonable risk, or prevents the project from being completed.

23. Governing Law

These Terms are governed by the laws of the State of Louisiana, without regard to conflict-of-law rules.

24. Severability

If any portion of these Terms is found unenforceable, the remaining provisions will remain in effect.

25. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Continued use of the website after an update constitutes acceptance of the revised Terms.

26. Contact Us