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1. INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to MK Creative Agency! These Terms of Service ("Terms") govern your access to and use of our website and all services we provide (collectively, the "Services").By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services. MK Creative Agency reserves the right to modify these Terms at any time without prior notice. Your continued use of the Services after any such modifications constitutes your acceptance of the new Terms.
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2. DESCRIPTION OF SERVICES
MK Creative Agency provides professional marketing and design services, which may include, but are not limited to:Graphic design and branding, website design and development, content creation (text, images, video)Social media management and marketing strategy, search engine optimization (SEO) All marketing The specific scope of work, project timelines, deliverables, and pricing will be detailed in a separate, written project proposal or agreement. In the event of any conflict between these Terms and the project proposal, the terms of the project proposal shall prevail.

3. CLIENT RESPONSIBILITIES
To ensure the timely and successful completion of a project, the client agrees to: Provide all necessary information, content (e.g., text, images, logos), and other materials required for the project in a timely manner. Appoint a single point of contact to provide feedback and approvals. Provide clear and constructive feedback promptly. Review all deliverables for accuracy and completeness. MK Creative Agency is not responsible for any delays in the project timeline or additional costs incurred due to the client's failure to meet these responsibilities.

4. INTELLECTUAL PROPERTY
Unless otherwise specified in a separate agreement: Ownership of Materials: The client guarantees that all elements of text, images, or other materials provided to MK Creative Agency for inclusion in the project are either owned by the client or that the client has obtained all necessary rights and permissions to use them. MK Creative Agency Ownership: MK Creative Agency retains all right, title, and interest in and to any and all intellectual property rights related to the Services, including all design concepts, source code, and working files, until full and final payment is received. Client License: Upon full and final payment, MK Creative Agency grants the client a non-exclusive, non-transferable, perpetual license to use the final, approved deliverable for the intended purpose as outlined in the project proposal. The client does not own the source files unless otherwise agreed upon in a separate contract. Portfolio Use: MK Creative Agency reserves the right to display and link to the completed project as part of its portfolio and marketing materials.

5. PAYMENT AND BILLING
‍Pricing: All prices are quoted in [US Dollars] and are subject to change. The pricing for a specific project will be outlined in the project proposal .Invoicing: Invoices will be issued in accordance with the project proposal. Payment Terms: Payment is due within 7 days of the invoice date. Late payments may be subject to a late fee of 25% per month or the maximum amount permitted by law. Project Hold: MK Creative Agency reserves the right to suspend work on a project if payment is not received in a timely manner.

6. DISCLAIMER OF WARRANTIES
The Services provided by MK Creative Agency are offered on an "as is" and "as available" basis. While we strive to provide excellent service, we do not guarantee specific outcomes, results, or increased revenue. MK Creative Agency expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. LIMITATION OF LIABILITY
General Limitation. To the maximum extent permitted by applicable law, in no event shall MK Creative Agency, its directors, employees, or agents be liable to the Client for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from (i) the use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; or (iii) any errors or omissions in any content produced.

‍7.2 Maximum Liability Cap. Notwithstanding anything to the contrary contained herein, the total aggregate liability of MK Creative Agency to the Client for any and all claims arising out of or related to this Agreement—whether in contract, tort, or otherwise—shall not exceed the total amount of fees actually paid by the Client to MK Creative Agency for the specific project or service giving rise to the claim.

‍7.3 No Liability for Third-Party Failures. MK Creative Agency shall not be held liable for any service interruptions, data breaches, or performance issues caused by third-party platforms, hosting providers, or software (e.g., Shopify, email marketing tools, or domain registrars) used in the delivery of the Services.To the fullest extent permitted by law, MK Creative Agency shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses, resulting from: The use or inability to use the Services. The cost of procurement of substitute goods and services. Unauthorized access to or alteration of your transmissions or data. Any other matter relating to the Services. In no event shall MK Creative Agency's total liability to you for all damages, losses, and causes of action exceed the total amount you have paid to MK Creative Agency for the Services.

8. TERMINATION OF SERVICE
Either party may terminate a project agreement via written notice if the other party breaches these Terms. Upon termination, the Client shall pay MK Creative Agency for all work completed up to the termination date.

9. GOVERNING LAWThese Terms shall be governed by and construed in accordance with the laws of the State of [Your State, e.g., California] and the United States of America, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in [Your County/City, e.g., Los Angeles County, California].