Terms of Sale

These Terms define the technical, legal, and financial conditions under which the Client may engage KamKod for professional services. They apply to all engagements concluded between KamKod and its Clients, whether project-based or on a retainer basis.

KamKod offers two primary engagement models:

• Project engagements: fixed-scope, fixed-fee work defined in a proposal or statement of work.
• Retainer engagements: ongoing monthly service agreements with defined scope, deliverables, and response commitments.

These Terms apply to both models unless a specific Service Agreement states otherwise.

Any request or order for services must be preceded by either a quote or a commercial proposal issued by KamKod. Acceptance of a quote or proposal by the Client constitutes full and unreserved acceptance of these Terms.

By accepting a proposal, the Client acknowledges having read, understood, and accepted these Terms, and waives any conflicting purchase terms on their side. No Client-side purchase conditions shall prevail over these Terms without express written agreement from both parties.

Unless otherwise stated, quotes and proposals are valid for 30 calendar days from their date of issue. Beyond this period, the proposal lapses and a new one must be requested.

An order is considered confirmed only once the Client returns a signed or electronically validated copy of the proposal to KamKod. KamKod reserves the right not to begin work until confirmation is received.

KamKod reserves the right to refuse any request that is unlawful, contrary to professional ethics, or involves content that is discriminatory, harmful, or otherwise objectionable.

KamKod operates as a fully remote, async-first consultancy serving clients across multiple time zones (primarily Europe and Southeast Asia). All services are delivered digitally unless otherwise specified.

Delivery timelines, where applicable, are indicated in the proposal or statement of work. These timelines are given as estimates. Delays caused by late provision of materials, approvals, or information by the Client may result in revised delivery dates without constituting a breach by KamKod.

Delivery timeline overruns shall not entitle the Client to damages, late-payment penalties, or order cancellation, unless KamKod has committed to a contractual deadline in writing and the delay is attributable solely to KamKod.

The Client undertakes to provide all necessary materials, access, and information required for the delivery of the agreed services. Any delay or omission on the Client's part may result in a revised delivery schedule.

Prices are those in effect at the time the proposal is issued. All prices are expressed in Euros (EUR) or US Dollars (USD) as indicated in the proposal, and are stated exclusive of applicable taxes. Applicable taxes are the sole responsibility of the Client.

Unless expressly stated otherwise, quoted prices exclude any third-party tool costs, software subscriptions, API fees, or platform costs required for project delivery. Such costs will be flagged in advance and invoiced separately or passed through at cost.

KamKod reserves the right to revise its rates at any time. Rates agreed in a proposal or active retainer agreement will not change until that engagement ends or is renegotiated.

For international bank transfers (SWIFT/wire), all bank charges and intermediary fees are borne by the Client. The Client must instruct their bank accordingly.

KamKod offers standalone digital products (such as the HubSpot CRM Audit) which are governed by the following specific terms in addition to these General Terms:

• Payment: digital products are paid in full at the time of purchase, via the secure payment link provided (Stripe).
• Delivery: the deliverable (report, document, or access) will be provided within the timeframe stated on the product page.
• Refund policy: if delivery does not occur within the guaranteed timeframe stated on the product page (typically 48 hours), the Client is entitled to a full refund. Requests must be submitted to team@kamkod.com. No refund is issued once the deliverable has been delivered.
• Access: digital product access requires the Client to provide necessary credentials or connect required integrations as described on the product page. KamKod operates on a read-only basis and never modifies Client data without explicit instruction.

The Client may cancel an order within 7 business days of signing a proposal or contract, provided that work has not yet begun. In this case, no fees will be charged. However, any deposit already paid will not be refunded.

For retainer agreements, cancellation is subject to the notice period defined in the retainer proposal (standard: 30 calendar days). Work performed and invoiced prior to the cancellation date remains due in full.

For project engagements where work has begun, cancellation will be invoiced pro-rata for work completed to the date of cancellation, plus any non-recoverable third-party costs already incurred.

Payment terms are specified in the proposal or invoice. Unless otherwise stated, invoices are payable upon receipt. KamKod issues invoices electronically by email.

No early-payment discount applies.

In the event of late payment past the due date, and without prior agreement between the parties, the following measures apply automatically and without prior notice:

• Immediate enforceability of all outstanding amounts.
• Late payment interest at a rate of 1.5% per month (18% per annum), calculated from the day following the payment due date.
• A flat-rate collection fee of EUR 40 (or USD equivalent at the prevailing exchange rate).
• Suspension of all active and future services until outstanding amounts are settled.

KamKod reserves the right to require advance payment or a deposit for new engagements with clients who have a history of late payment.

Unless otherwise specified in the proposal, all project deliverables with a value exceeding EUR 2,500 (excl. tax) include a 30-day warranty period starting from the date of delivery. During this period, KamKod will address any functional issues attributable to KamKod's own work, at no additional charge.

This warranty does not cover:

• Issues resulting from modifications made by the Client or third parties after delivery.
• Changes to third-party platforms, APIs, or tools outside KamKod's control (e.g. HubSpot product updates, Make.com changes).
• Issues caused by data the Client provided that was inaccurate, incomplete, or out of scope.
• New feature requests or scope changes, which will be quoted separately.

Retainer agreements include ongoing support within the agreed monthly scope. Issues beyond scope are quoted and handled as mini-projects.

The Client undertakes to:

• Provide KamKod with all information, materials, access credentials, and platform permissions necessary to carry out the agreed services in a timely manner.
• Designate a point of contact who has authority to make decisions or provide approvals during the engagement.
• Respond to requests for feedback, approvals, and clarifications within reasonable timeframes. A standard response window of 3 business days is expected unless agreed otherwise.
• Ensure that any third-party content, data, or assets provided to KamKod do not infringe any intellectual property rights or applicable laws.

KamKod shall not be held liable for delays or reduced quality of deliverables resulting from the Client's failure to meet these obligations.

KamKod commits to delivering services with professional care and in accordance with current industry best practices. KamKod's obligation is one of means (obligation de moyens), not of results, unless a specific outcome is expressly guaranteed in writing in the proposal.

KamKod will:

• Assign qualified personnel to each engagement and maintain consistent communication throughout.
• Take reasonable care of all materials, data, and access credentials provided by the Client and use them solely for the agreed purposes.
• Proactively notify the Client of any issues, blockers, or scope changes that could affect delivery timelines or outcomes.
• Maintain all required professional registrations and tax compliance obligations applicable to KamKod as a French-registered entity.

The Client is responsible for maintaining adequate backups of their own data, systems, and digital assets. KamKod shall not be held liable for loss or corruption of digital files, databases, or assets that the Client failed to back up prior to the engagement.

From the date of delivery of any deliverable, the Client assumes full responsibility for its use, deployment, and any consequences thereof. KamKod is released from liability for any direct or indirect loss arising from the Client's use of delivered work.

In the event that KamKod is found liable for damages directly attributable to a proven failure in service delivery, the Client's total recoverable damages shall not exceed the amounts paid by the Client to KamKod in the 12 months preceding the incident, regardless of the legal basis of the claim.

KamKod shall not be liable for indirect, consequential, or incidental damages, including but not limited to: loss of revenue, loss of profits, loss of data, or reputational harm.

KamKod's liability is contingent upon the Client having fulfilled their own obligations under Article 10. If the Client's failure to cooperate or provide timely input contributed to the issue, KamKod's liability is reduced accordingly.

Client-owned deliverables: upon full payment of the corresponding invoice, the Client receives full ownership of custom deliverables created specifically for them (e.g. custom code, bespoke workflows, designed documents).

KamKod methodologies and tools: KamKod retains ownership of its proprietary frameworks, methodologies, templates, internal tooling, and general know-how, even where these have been applied during the engagement. The Client receives a licence to use the outputs of these, not the underlying tools themselves.

Pre-existing materials: any materials, code libraries, or tools existing prior to or developed independently of the engagement remain the property of their respective owners. KamKod will identify any such components as part of project delivery.

The Client warrants that all content, data, and materials provided to KamKod are either owned by the Client or properly licensed, and do not infringe any third-party intellectual property rights.

Each party agrees to treat as confidential all non-public information received from the other party in the course of the engagement, including but not limited to: business processes, client data, technical systems, pricing, and strategic plans.

Neither party shall disclose such information to third parties without prior written consent, except as required by law or to professional advisors bound by their own confidentiality obligations.

This obligation of confidentiality remains in effect for 3 years after the end of the engagement, or indefinitely for information that constitutes a trade secret.

KamKod may, with the Client's written consent, reference the engagement as a case study or include the Client's name in its portfolio. This consent is separate from these Terms and must be granted explicitly.

In the course of delivering services, KamKod may have access to personal data held in the Client's systems (e.g. CRM contacts). KamKod acts as a data processor on behalf of the Client, who remains the data controller.

KamKod processes personal data solely for the purposes of the agreed service, does not retain it beyond operational necessity, and implements reasonable security measures to protect it.

For engagements involving access to personal data, a Data Processing Agreement (DPA) may be put in place at either party's request, in compliance with applicable data protection law (including GDPR where applicable).

Full details on KamKod's data handling practices are set out in the Privacy Policy.

Neither party shall be held liable for failure to perform its obligations where such failure is caused by an event of force majeure, meaning any event beyond the reasonable control of the party affected, including but not limited to: natural disasters, government actions, platform outages by third-party providers (e.g. HubSpot, Stripe, Make.com), widespread infrastructure failures, or acts of war.

The affected party must notify the other party in writing as soon as possible. If a force majeure event lasts more than 30 calendar days, either party may terminate the engagement in writing without penalty, subject to payment for services rendered up to that date.

Either party may terminate an engagement for material breach if the breaching party fails to remedy the breach within 14 calendar days of written notice specifying the breach.

KamKod may suspend or terminate services immediately, without notice, in the event of:

• Non-payment of two or more invoices past their due date.
• The Client acting in bad faith, misrepresenting material facts, or using deliverables for unlawful purposes.

Upon termination, the Client shall pay all amounts due for work completed to the termination date. KamKod will deliver any completed work-in-progress upon receipt of full payment.

These Terms are governed by French law, as KamKod is registered in France. Any dispute arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Bordeaux, France, unless the parties agree in writing to alternative dispute resolution (mediation or arbitration).

For international clients, the parties acknowledge KamKod's French legal registration and agree that French law shall apply as the governing framework, without prejudice to any mandatory consumer protections applicable in the Client's jurisdiction.

For any questions regarding these Terms, invoices, or service agreements, please contact: