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Terms of Service
Effective Date: 2025 | Last Updated: 2025
These Terms of Service (“Terms”) govern your access to and use of the services provided by Konsistently, LLC (“Konsistently”, “we”, “us”, or “our”), registered in Wyoming, USA, with a production office in Dhaka, Bangladesh. By engaging our services or signing a service agreement, you agree to these Terms in full.
For questions, contact us at hello@konsistently.com or +1 (307) 226-2866.
1. Services
Konsistently provides AI-powered digital production services under two primary service tracks:
Rapid, a monthly or quarterly retainer covering creative, marketing, web and software, and AI and automation delivery.
Rewire, a bespoke AI consulting and forward deployed engineering engagement for businesses seeking to transform their operations.
Additional one-time or project-based engagements may be offered at our discretion. All services, scope, and deliverables are defined in a separate service agreement or statement of work signed by both parties.
2. Pilot project
We may offer a pilot project prior to retainer engagement. The pilot project may be provided free of charge or at a negotiated fee agreed upon before commencement. The pilot is offered in good faith to demonstrate quality and fit. No long-term commitment is created by either party as a result of a pilot engagement. Intellectual property produced during a pilot project is transferred to the client upon completion unless otherwise agreed in writing.
3. Payment terms
A. Retainer Plans (Monthly)
Payment for monthly retainer plans is due 100% upfront before the service period begins. Work commences only upon receipt of cleared payment.
B. Retainer Plans (Quarterly)
Payment for quarterly retainer plans is due 100% upfront for the full quarter before the service period begins.
C. One-Time and Project-Based Services
A deposit of 50% of the total agreed project fee is due upfront before work begins. The remaining 50% is due upon project completion and prior to final delivery of assets or handover.
D. Accepted Payment Methods
We accept payment via Stripe, bank wire transfer, and ACH. Payment details will be provided in your invoice.
E. Late Payment
Invoices are considered due upon receipt. A grace period of 30 days from the invoice due date is extended without penalty. After 30 days, a late fee of 20% of the outstanding balance will be applied for every 7-day period the payment remains outstanding. Konsistently reserves the right to pause or suspend service delivery during periods of outstanding overdue payment.
4. Refund policy
A. Retainer Plans
All retainer payments are non-refundable once the service period has commenced. If a client wishes to cancel mid-period, no refund will be issued for the current billing cycle. Unused hours or capacity within the current billing period may be utilised within 60 days of the original period end date, after which the remaining balance expires with no further entitlement.
B. One-Time and Project-Based Services
The initial 50% deposit is non-refundable once work has commenced. If a project is cancelled after commencement, the client is liable for payment of work completed to date, up to the full project value.
C. Pilot Projects
Pilot projects offered free of charge carry no refund obligation. Pilot projects offered at a negotiated fee are non-refundable once work has commenced.
5. Cancellation and pausing
A. Retainer Cancellation
Clients may cancel their retainer at any time with 30 days written notice sent to hello@konsistently.com. Cancellation takes effect at the end of the notice period. No refund is issued for the period already paid.
B. Pausing
Clients on retainer plans may request to pause their subscription with a minimum of 7 days written notice. Paused periods do not roll over unused hours beyond the 60-day window described in Section 4A.
C. Konsistently Cancellation Rights
Konsistently reserves the right to terminate a service agreement immediately in the event of: non-payment beyond 30 days, breach of these Terms, abusive or unlawful conduct toward team members, or circumstances that make continued engagement untenable. In such cases, a pro-rated refund for unused services may be issued at our discretion.
6. Intellectual property
A. Client Ownership
Upon receipt of full payment, all final deliverables produced by Konsistently for the client are owned by the client. This includes design assets, written content, code, and other work product produced under the agreed scope.
B. Konsistently Ownership
Konsistently retains ownership of all proprietary processes, methodologies, tools, frameworks, and internal systems used in the delivery of services. These are not transferred to the client under any agreement.
C. Third Party Assets
Where third party assets such as stock images, fonts, plugins, or software are used in deliverables, the client is responsible for ensuring appropriate licences are obtained and maintained. Konsistently will flag any such assets during delivery.
D. Portfolio Rights
Konsistently reserves the right to display completed work in our portfolio and marketing materials unless the client requests confidentiality in writing prior to project commencement.
7. Confidentiality
Both parties agree to maintain strict confidentiality regarding proprietary information, business processes, client data, and any sensitive materials shared during the course of the engagement. Konsistently will not disclose client information or end client data to any third party without express written consent. A mutual non-disclosure agreement is available upon request and may be included in the service agreement.
8. Data and file handling
All project files, documents, and data shared with Konsistently are handled in accordance with our Privacy Policy, available at konsistently.com/privacy-policy. Key terms:
Project files are stored securely for up to 60 days following project completion or contract termination.
Files are permanently deleted after the 60-day retention period.
Early deletion requests are honoured within 7 business days upon written request.
9. Communication and collaboration
Client communication and project management takes place via agreed platforms including Slack, ClickUp, and other designated tools. Clients are responsible for timely responses to queries, approvals, and feedback requests. Delays caused by client inaction may affect delivery timelines and Konsistently will not be held liable for delays attributable to the client.
10. Revisions and scope
Revisions and amendments are handled as follows:
Retainer clients may submit requests within their allocated hours. Requests exceeding the monthly allocation will be scoped and quoted separately.
One-time project clients are entitled to the number of revision rounds specified in their statement of work. Additional revisions beyond the agreed scope will be quoted separately.
Scope changes requested after work has commenced may affect timelines and costs and will be agreed in writing before additional work proceeds.
11. Warranties and disclaimers
Konsistently warrants that services will be delivered with reasonable skill and care. We do not guarantee specific outcomes, results, rankings, revenue, or performance metrics unless explicitly stated in writing in the service agreement.
All services are provided on an “as delivered” basis. To the fullest extent permitted by law, Konsistently disclaims all implied warranties including fitness for a particular purpose.
12. Limitation of liability
To the maximum extent permitted by applicable law, Konsistently’s total liability to the client for any claim arising out of or related to these Terms or the services shall not exceed the total fees paid by the client in the 3 months preceding the claim.
Konsistently shall not be liable for any indirect, incidental, consequential, or punitive damages including but not limited to loss of revenue, loss of data, or loss of business opportunity.
13. Indemnification
The client agrees to indemnify and hold harmless Konsistently, its team members, and partners from any claims, losses, or damages arising from: the client’s misuse of deliverables, breach of these Terms, infringement of third party intellectual property, or unlawful instructions provided to Konsistently.
14. Governing law and dispute resolution
These Terms are governed by the laws of the State of Wyoming, USA. Any disputes arising from these Terms or the services shall first be attempted to be resolved through good faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The language of arbitration shall be English.
15. Force majeure
Konsistently shall not be held liable for delays or failure to deliver services resulting from circumstances beyond our reasonable control including but not limited to natural disasters, power outages, internet disruptions, government actions, or global emergencies.
16. Amendments to these terms
Konsistently reserves the right to update these Terms at any time. Updated Terms will be published at konsistently.com/terms-of-service with a revised effective date. Continued use of our services after changes are published constitutes acceptance of the updated Terms. For active clients under an existing service agreement, material changes will be communicated with a minimum of 14 days notice.
17. Entire agreement
These Terms, together with any signed service agreement, statement of work, and our Privacy Policy, constitute the entire agreement between Konsistently and the client. They supersede all prior discussions, representations, and agreements relating to the subject matter.
18. Contact
For any questions regarding these Terms, please contact:
Email: hello@konsistently.com
Phone: +1 (307) 226-2866
Address: 30 N Gould St, Ste R, Sheridan, WY 82801, USA
Konsistently, LLC, Delivered. Konsistently.