top of page
KENNEDY-&-CO.-digital-logo

1. ACCEPTANCE OF TERMS
 

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client”, “you”, “your”) and KENNEDY & CO., trading as KENNEDY & CO. digital (“Company”, “we”, “us”, “our”).

By accessing this website, requesting services, approving quotations, paying invoices, or engaging with our services in any manner, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree to these Terms, you must not use our services.
 

2. NATURE OF SERVICES
 

The Company provides professional consulting, advisory, implementation, automation, cloud infrastructure, observability, DevOps, Kubernetes, platform engineering, monitoring, integration, and related technical services.

Services may include:

  • Subscription-based managed services

  • Ad hoc consulting

  • Month-to-month support services

  • Project-based implementation services

  • Technical advisory and architecture consulting

  • Cloud optimization and observability services

  • Infrastructure automation and maintenance

Unless explicitly stated otherwise in writing, all services are delivered on a commercially reasonable best-effort basis.
 

3. NO GUARANTEED OUTCOMES
 

The Client acknowledges and agrees that:

  • Technology environments are inherently complex and subject to failure

  • No service can guarantee uninterrupted availability, security, performance, or business continuity

  • Recommendations provided by the Company are advisory in nature

  • The Company does not guarantee:

    • Cost savings

    • Uptime

    • Regulatory compliance

    • Performance improvements

    • Security outcomes

    • Compatibility with third-party systems

Any estimates, projections, recommendations, or opinions provided by the Company are provided in good faith but without warranty.
 

4. THIRD-PARTY PLATFORMS AND SERVICES
 

The Client acknowledges that services may involve third-party systems, including but not limited to:

  • Cloud providers

  • Hosting providers

  • SaaS platforms

  • Monitoring tools

  • APIs

  • Open-source software

  • Networking providers

  • DNS providers

The Company shall not be liable for:

  • Third-party outages

  • Vendor service failures

  • API changes

  • Licensing disputes

  • Data loss caused by third parties

  • Security breaches originating outside Company-controlled systems

The Client remains solely responsible for all third-party subscriptions, licensing costs, cloud consumption charges, and contractual obligations.
 

5. CLIENT RESPONSIBILITIES
 

The Client agrees to:

  • Provide accurate and complete information

  • Maintain valid licensing where required

  • Ensure lawful usage of all systems

  • Provide required access credentials and permissions

  • Maintain independent backups unless otherwise agreed

  • Validate and review work before production use where applicable

Failure to provide required access, approvals, or information may delay delivery timelines without liability to the Company.
 

6. PAYMENT TERMS
 

  • All invoices are payable within the period specified on the invoice

  • Late payments may result in service suspension without notice

  • The Company reserves the right to charge interest on overdue amounts at the maximum rate permitted under applicable law

  • The Client remains liable for all collection costs, legal costs, and recovery expenses

For hardware, software, licensing, cloud services, or third-party purchases:

  • Full or partial upfront payment may be required before procurement or implementation
     

7. STRICT NO REFUND POLICY
 

Due to the nature of consulting and technical professional services:

  • All fees paid are non-refundable

  • No refunds shall be issued for:

    • Time spent

    • Consulting services

    • Configuration work

    • Advisory services

    • Research

    • Troubleshooting

    • Subscription periods already invoiced

    • Partial project completion
       

8. LIMITATION OF LIABILITY
 

To the fullest extent permitted under applicable law:

The Company shall not be liable for any:

  • Indirect damages

  • Consequential damages

  • Special damages

  • Incidental damages

  • Punitive damages

  • Loss of profits

  • Loss of revenue

  • Loss of business opportunity

  • Data corruption

  • Data loss

  • Operational downtime

  • Reputational harm

  • Cybersecurity incidents

  • Production interruptions

regardless of whether such damages were foreseeable.

The Client expressly acknowledges that technical services involving infrastructure, automation, integrations, cloud systems, or operational environments may involve inherent operational risk.
 

9. LIABILITY CAP
 

Under no circumstances shall the Company’s total aggregate liability exceed:

 

The total amount paid by the Client to the Company for the specific service giving rise to the claim during the preceding thirty (30) days.

This limitation applies regardless of:

  • Cause of action

  • Contract

  • Negligence

  • Delict/tort

  • Strict liability

  • Any other legal theory
     

10. INDEMNITY
 

The Client agrees to indemnify, defend, and hold harmless the Company, its owners, contractors, affiliates, and representatives from any claims, liabilities, damages, losses, costs, or legal expenses arising from:

  • Client misuse of services

  • Regulatory violations

  • Third-party disputes

  • Security incidents within Client-controlled environments

  • Data protection violations

  • Intellectual property disputes relating to Client-provided materials

  • Operational failures outside the Company’s direct control
     

11. SECURITY DISCLAIMER
 

While the Company may implement security best practices, the Client acknowledges that:

  • No environment can be guaranteed fully secure

  • Cybersecurity threats continuously evolve

  • Security recommendations reduce but do not eliminate risk

The Company makes no warranties regarding prevention of:

  • Unauthorized access

  • Data breaches

  • Malware

  • Ransomware

  • Service interruption

  • Infrastructure compromise
     

12. BACKUPS AND DISASTER RECOVERY
 

Unless explicitly included in a written agreement:

  • The Client is solely responsible for:

    • Backups

    • Disaster recovery

    • Data retention

    • Recovery validation

    • Business continuity planning

The Company accepts no liability for:

  • Backup failure

  • Corrupted backups

  • Recovery delays

  • Permanent data loss
     

13. SERVICE AVAILABILITY
 

Unless explicitly defined in a separate written SLA:

  • No guaranteed support response times apply

  • No uptime guarantees apply

  • No 24/7 support obligation exists

  • Services may be unavailable during maintenance, outages, or operational constraints
     

14. INTELLECTUAL PROPERTY
 

All intellectual property created, developed, or used by the Company remains the exclusive property of the Company, including:

  • Scripts

  • Templates

  • Frameworks

  • Automation logic

  • Internal methodologies

  • Tooling

  • Architectural patterns

  • Deployment standards

The Client receives a limited, non-transferable right to use deliverables for internal business purposes only.
 

15. CONFIDENTIALITY
 

Both parties agree to protect confidential information disclosed during engagements.

The Company may reference the Client’s name and high-level project category for portfolio or marketing purposes unless otherwise agreed in writing.
 

16. FORCE MAJEURE
 

The Company shall not be liable for delays or failures caused by events outside reasonable control, including but not limited to:

  • Internet outages

  • Cloud provider failures

  • Power outages

  • Civil unrest

  • Government actions

  • Cyberattacks

  • Natural disasters

  • Labour disruptions
     

17. TERMINATION
 

The Company reserves the right to terminate services immediately for:

  • Non-payment

  • Abuse

  • Threatening conduct

  • Illegal activity

  • Misuse of systems

  • Excessive operational risk

Termination does not remove the Client’s obligation to pay outstanding amounts.
 

18. WEBSITE USE
 

This website is provided for informational and marketing purposes only.

The Company does not guarantee:

  • Website availability

  • Accuracy of all published information

  • Continuous operation

  • Error-free functionality

Unauthorized attempts to interfere with the website or associated infrastructure are prohibited.
 

19. GOVERNING LAW
 

These Terms shall be governed exclusively by the laws of South Africa.

Any disputes shall fall under the jurisdiction of the courts of the Western Cape, South Africa.
 

20. SEVERABILITY
 

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain fully enforceable.
 

21. ENTIRE AGREEMENT
 

These Terms constitute the entire agreement between the parties unless superseded by a signed written agreement.
 

22. REMOTE-FIRST SERVICE DELIVERY
 

KENNEDY & CO. digital operates as a remote-first consulting and managed services company.
 

Unless explicitly agreed otherwise in writing:

  • All services are delivered remotely

  • Support, consulting, troubleshooting, implementation, and advisory services are performed via remote communication and remote system access

  • No onsite attendance, physical dispatch, or in-person support obligation exists
     

Where onsite services are specifically requested and approved:

  • Additional travel and accommodation costs may apply

  • Onsite availability is subject to scheduling and geographic feasibility

  • Separate commercial terms may apply
     

The Client is responsible for providing appropriate remote access, connectivity, permissions, and technical cooperation required for service delivery.


23. CONTACT

KENNEDY & CO. digital
Western Cape, South Africa
Email: info@kennedycodigital.com
Website: https://www.kennedycodigital.com

bottom of page