Terms of Use

By using and/or doing business with Kingsballpen Media Services, you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable information stated here. No refunds will be made if customers fail to read the terms and conditions mentioned in this section and request for a refund midway through a project. It is expected that customers will have agreed to the complete set of terms and conditions as laid out in this section.

It is your responsibility to review these Terms of Use periodically. If at any time you “Client” finds these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

When you use our services, you’re agreeing to all the terms and conditions listed on this page.

Change in Packages and Pricing Slots
Kingsballpen Media Services carries the sole right to change the structure of package/plans and prices, at any point in time. The information regarding prices and services available on our website may change at any point in time, without prior intimation. Changes in prices for product and services will be at the sole decision of Kingsballpen Media Services. However, a change in prices would be effective for new deals only. Orders placed at rates before a change in price will be honoured at the agreed rates.

Payment Terms and Conditions

The payment terms and price once agreed cannot be changed.
Kingsballpen Media Services has the sole right to change, amend or alter the payment terms and conditions once agreed by a customer.
Payments will have to be made as per agreed norms which will be laid out before work commences.
In the event of non-payment for a particular milestone, no work will be undertaken for the next milestone.
Any delays due to non-payment will have to be borne by the customer.
Kingsballpen Media Services will send at least two reminders for payments.
In case no payment is made for a particular milestone within 15 days of the first reminder the customer will forfeit any money paid for previous milestones and the project will be kept in suspension. Restarting of the project will be the sole discretion of Kingsballpen Media Services.

Payment and Refund Issue

All the payments will be accepted through the payment gateways as mentioned on the Kingsballpen Media Services web site.
Once an order is placed it cannot be cancelled under normal circumstances as it is sent for processing immediately. Personal preferences changes, changes in business objectives, or unwillingness for any reason to continue over the course of time, cannot serve a reason for refund or chargeback.
However, refunds will be made in extreme cases when the customers can provide an acceptable reason for dissatisfaction around the quality of deliverables or Kingsballpen Media Services fails to deliver according to agreed benchmarks. In such a scenario, a refund will be made for the particular milestone where it has been proven that quality does not match agreed standards.
All refunds will be made through electronic transfer within 72 hours of both Kingsballpen Media Services and the customer agreeing that no further progress can be made on a particular project.
Complaints should be sent to the customer grievance cell at chatwith@kingsballpen.com.ng. The team will get back with an option on ways to resolve any outstanding issues. The team will also be responsible for refunds and amendments to agreed terms and conditions.
Delays in payments or feedback may result in the cancellation of projects. In case of cancellation, no refunds would be issued. Renewal of cancelled projects may incur additional charges.

Indemnification
Client shall indemnify, defend and hold Consultant, and Consultant’s parent(s), subsidiaries and affiliated companies, and each of their successors, licensees, distributors, and assigns and their respective officers, members, managers, directors, shareholders, employees, attorneys, agents and other representatives (collectively, the “Consultant Party”), harmless from and against any and all claims, actions, suits, judgments, obligations, damages, losses, penalties, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) of whatsoever kind and nature (collectively, “Claims”) imposed on, incurred by, or asserted against the Consultant Party by any third party, arising out of or in connection with the Services or any breach by the Client of any covenant or other provision hereof.

Publication of images
Depending on your project requirements, we may recommend images for you to use. Each image submitted would be linked to the original source file.
It is the responsibility of the client and/or webmaster to comply with publishing guidelines of the image’s owner. This may require the purchase of image and/or attribution. Kingsballpen Media Services will recommend images, but ultimately it’s the website owner and/or client’s responsibility to ensure that the images published don’t infringe any copyrights.

Limitation of Liability
Under no circumstances shall Kingsballpen Media Services or any of its stakeholders be liable for any damage (including incidental, special, direct, punitive, exemplary, or consequential damages) which allegedly might have resulted from the use of this website or from the services rendered, this includes viruses that have been purportedly obtained from the website. In no event shall Kingsballpen Media Services share in any liability that may result from the inability or ability of the user to use the content or information provided by the website.

Force majeure
The service provider shall have no liability to the Customer under these terms if it is prevented from or delayed in performing its obligations under these terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.

No Warranty
Under no circumstances will Kingsballpen Media Services or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided “as is”. Kingsballpen Media Services does not warrant the accuracy, adequacy, or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
Without limitation, users are solely responsible for ensuring the accuracy and legality of any content ordered.

Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Exclusion of third party rights
These terms and conditions are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

Entire agreement
These terms and conditions `{`, together with our privacy policy,`}` constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Changes to our Privacy Policy and Terms
If we decide to change our privacy policy or terms, we will post those changes on this page.

Governing law
These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Nigeria.

Jurisdiction
Each party irrevocably agrees that the courts of Nigeria shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).

Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.

www.kingsballpen.com.ng
+234 (0) 817 900 3817
chatwith@kingsballpen.com.ng