Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and CKKC Associates LLC ("we," "us," or "our"), governing your access to and use of our website at ckkcassociates.com and our consulting services.

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

Description of Services

CKKC Associates provides professional business consulting services specializing in technology optimization and digital transformation. Our service offerings include:

• Salesforce Optimization & Implementation: CRM audits, workflow automation, data architecture improvements, custom configuration, reporting and dashboards, and ongoing administration support.
• Declarative App Development: No-code/low-code application development, business process automation, form and workflow builders, database design, and integration solutions using platforms like Salesforce, Power Platform, and similar tools.
• Digital Asset Optimization (SEO/AEO): Search engine optimization, AI engine optimization for emerging search technologies, content strategy, technical SEO audits, and digital presence enhancement.
• Creative Strategy: Brand positioning, marketing strategy, content development, visual identity consulting, and go-to-market planning.
• AI Solution Integration: AI tool selection and implementation, workflow automation with AI, custom AI solution development, training, and ongoing optimization.

Engagement Terms

Specific services, deliverables, timelines, and fees for each engagement will be outlined in a separate written agreement, Statement of Work (SOW), or proposal ("Engagement Agreement"). In the event of any conflict between these Terms and an Engagement Agreement, the Engagement Agreement shall prevail for matters specific to that engagement.

No services shall commence until both parties have agreed in writing to the scope, timeline, and compensation for the engagement.

Client Responsibilities

To enable successful delivery of our services, you agree to:

• Provide accurate, complete, and timely information necessary for service delivery
• Grant appropriate access to systems, platforms, and data as required for the engagement
• Designate a point of contact with authority to make decisions and provide approvals
• Respond to requests for information, feedback, and approvals within reasonable timeframes
• Ensure you have appropriate rights, licenses, and permissions for any materials, data, or systems provided to us
• Comply with all applicable laws and regulations in your use of our services and deliverables
• Pay agreed-upon fees according to the terms specified in the Engagement Agreement
• Maintain adequate backups of your data and systems

Professional Standards

We commit to performing services in a professional manner consistent with industry standards. However, consulting services involve recommendations based on available information at the time of the engagement. We do not guarantee:

• Specific business outcomes, revenue increases, or cost savings
• Search engine rankings or specific SEO/AEO results
• Performance of third-party platforms, tools, or AI systems
• That recommendations will achieve desired results in all circumstances

Success depends on many factors beyond our control, including client implementation, market conditions, and third-party platform changes.

Fees and Payment

Payment terms will be specified in the applicable Engagement Agreement. Unless otherwise agreed:

• Invoices are due within thirty (30) days of invoice date
• Late payments may accrue interest at a rate of 1.5% per month or the maximum rate permitted by law
• Client is responsible for reimbursing pre-approved expenses related to the engagement
• Fees are non-refundable once services have been rendered
• We reserve the right to suspend services for accounts with outstanding balances exceeding 60 days

Intellectual Property

Our Content

All content on our website, including text, graphics, logos, images, methodologies, frameworks, and software, is the property of CKKC Associates and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

Work Product

Unless otherwise specified in the Engagement Agreement, upon full payment of all fees, Client shall own all deliverables specifically created for Client during the engagement ("Work Product"). This ownership transfer excludes:

• Pre-existing materials, methodologies, and tools owned by CKKC Associates
• Generic frameworks, templates, or processes that may be used across multiple clients
• Third-party materials subject to their own licensing terms

Retained Rights

We retain the right to:

• Use general knowledge, skills, and experience gained during engagements
• Reference the engagement in our portfolio (without disclosing confidential information) unless otherwise agreed
• Develop similar solutions for other clients

Third-Party Platforms and Tools

Our services may utilize third-party platforms (such as Salesforce, Microsoft, Google, AI tools, and development platforms) that are subject to their own terms of service and licensing requirements. Client is responsible for maintaining appropriate licenses and complying with the terms of these third-party services.

Confidentiality

Both parties agree to maintain the confidentiality of proprietary or confidential information disclosed during the engagement. Confidential information includes, but is not limited to:

• Business strategies, financial data, and operational information
• Customer and employee data
• Technical specifications and system configurations
• Proprietary methodologies and frameworks
• Any information marked as confidential

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law.

Representations and Warranties

We represent and warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right to enter into this agreement and perform the services
• Work product will not infringe the intellectual property rights of third parties

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL CKKC ASSOCIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL.
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR ANY ENGAGEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
• WE ARE NOT RESPONSIBLE FOR DECISIONS MADE BY CLIENT BASED ON OUR RECOMMENDATIONS OR FOR THE IMPLEMENTATION OF DELIVERABLES BY CLIENT OR THIRD PARTIES.

Indemnification

You agree to indemnify, defend, and hold harmless CKKC Associates and its principals, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of our website or services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; (d) materials, data, or content you provide to us; or (e) your implementation or use of deliverables in a manner inconsistent with our recommendations.

Termination

Either party may terminate an engagement:

• With written notice as specified in the applicable Engagement Agreement (typically 30 days)
• Immediately upon material breach by the other party that remains uncured for 15 days after written notice
• Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination: (a) Client remains responsible for payment of services rendered and expenses incurred through the termination date; (b) each party shall return or destroy confidential information of the other party; (c) provisions that by their nature should survive termination (including confidentiality, limitation of liability, and indemnification) shall remain in effect.

Dispute Resolution

In the event of any dispute arising from these Terms or any engagement:

• Informal Resolution: The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days.
• Mediation: If informal resolution is unsuccessful, the parties agree to participate in non-binding mediation before a mutually agreed-upon mediator.
• Litigation: If mediation is unsuccessful, either party may pursue legal remedies in the courts specified below.

Governing Law and Venue

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in Orange County, California, and the parties consent to the personal jurisdiction of such courts.

General Provisions

• Entire Agreement: These Terms, together with any applicable Engagement Agreement and Privacy Policy, constitute the entire agreement between the parties regarding the subject matter hereof.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control.
• Independent Contractor: CKKC Associates is an independent contractor. Nothing in these Terms creates an employment, partnership, or agency relationship.

SMS/Text Messaging

SMS Program Description

CKKC Associates LLC ("Company") offers an SMS messaging program to provide service updates, project notifications, appointment reminders, and occasional promotional messages to users who opt in. By opting into our SMS program, you consent to receive text messages from CKKC Associates LLC at the mobile number you provide. You are not required to opt in to SMS messaging as a condition of purchasing any goods or services from the Company. You must be 18 years of age or older to use this SMS service.

Opting Out

You can cancel the SMS service at any time. Just text "STOP" to the number provided. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Help and Support

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Message and Data Rates

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Prohibited SMS Content

Our SMS messages will never contain:

• Phishing attempts, smishing, or social engineering to manipulate you into sharing private information
• Illegal content (all content complies with federal and state laws)
• Content related to sex, hate, alcohol, firearms, or tobacco that does not comply with federal and state laws and regulations

SMS Opt-In Data Protection

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

Privacy for SMS Services

If you have any questions regarding privacy, please read our privacy policy: www.ckkcassociates.com/privacy

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. We will update the "Last updated" date at the top of this page. Your continued use of our website or services after any changes constitutes acceptance of the new Terms. For active engagements, the Terms in effect at the time of the Engagement Agreement shall apply unless otherwise agreed.