Terms of Service

Effective Date: September 26, 2026

Last Updated: September 26, 2026

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Welcome to the website of Karben Studios LLC, doing business as Karben Marketing (“Karben,” “Company,” “we,” “us,” or “our”).

These Terms of Service (“Terms”) govern your access to and use of https://karbenmarketing.com/ (the “Site”), along with any proposals, statements of work, marketing consultations, web design, development, and digital marketing services provided by Karben (collectively, the “Services”).

Please read these Terms carefully before accessing the Site or engaging our Services. By accessing our Site, submitting a contact or quote request, or signing an agreement with us, you (“Client,” “User,” or “you”) agree to be bound by these Terms.

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If you do not agree to all provisions contained herein, do not access the Site or utilize our Services.

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1. Scope of Services & Statements of Work

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• Proposals and Agreements: Specific project deliverables, timelines, billing schedules, and scopes of work are outlined in mutually executed Statements of Work (SOW), project proposals, or service retainer agreements.

• Precedence: In the event of a direct conflict between these general Terms and an executed SOW signed by both parties, the terms of the specific SOW will govern for that designated project.

• Scope Changes: Any requested adjustments, additions, or expansions to agreed project deliverables beyond the initial scope will require a formal change order and may incur additional fees.

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2. Client Responsibilities & Cooperation

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To ensure timely delivery and campaign success, Client agrees to:

• Provide Timely Assets & Feedback: Supply text copy, branding assets, images, account credentials, and required collateral within agreed timeframes. Delays in Client asset delivery will extend project deadlines accordingly.

• Warranty of Client Materials: Represent and warrant that all content, logos, trademarks, images, and text supplied to Karben do not infringe upon any third-party copyright, trademark, privacy, or intellectual property rights.

• Review & Approvals: Promptly review mockups, drafts, staging sites, and advertising collateral. Written approval (including email confirmation) shall constitute final acceptance of that milestone.

 

3. Payment Terms, Retainers & Billing

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• Invoicing & Fees: Payment terms, deposit amounts, milestones, and recurring retainer schedules are defined in your specific contract or invoice. Unless otherwise stated in an SOW, all invoices are due upon receipt.

• Direct Advertising Spend: Client acknowledges that ad spend budgets (e.g., Google Ads, Meta Ads) are paid directly by Client to the advertising networks or funded in advance. Karben’s management fees are distinct from direct ad spend costs.

• Late Payments: Unpaid balances past thirty (30) days from the invoice date may be subject to a late charge of 1.5% per month (or the maximum allowable by law). Karben reserves the right to pause active marketing campaigns, withhold staging site launches, or pause ongoing work if accounts become delinquent.

 

4. Intellectual Property & Ownership

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• Client Content: Client retains full ownership of all preexisting trademarks, logos, proprietary data, and content supplied to Karben.

• Final Deliverables: Upon full payment of all outstanding invoices, Client receives ownership rights to the bespoke design deliverables, finalized websites, and creative branding created specifically for Client under the project scope.

• Agency Pre-Existing IP & Tools: Karben retains all ownership rights to internal proprietary code, design frameworks, reusable scripts, methodologies, processes, and third-party commercial components utilized during development.

• Portfolio Showcase: Unless explicitly agreed otherwise in writing via a Non-Disclosure Agreement (NDA), Karben reserves the right to display completed designs, case studies, campaign metrics, and visual samples in our marketing materials, digital portfolio, and industry award submissions.

 

5. Digital Marketing, SEO & Performance Disclaimers

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• Search Engine Optimization (SEO): Karben utilizes industry-standard best practices, technical audits, and white-hat optimization methodologies. However, search engines (including Google, Bing, and Yahoo) frequently adjust algorithms and ranking factors. Karben does not guarantee specific numerical keyword rankings, continuous top positions, or immediate search volume.

• Paid Advertising (PPC / Social Ads): Performance metrics such as impressions, clicks, conversions, and cost-per-click (CPC) are subject to platform market auctions, seasonal competition, and third-party policy shifts. Karben does not guarantee specific revenue returns or sales conversions resulting from paid ad campaigns.

• Third-Party Platforms: Karben is not responsible for policy enforcement, account suspension, or technical downtime imposed by third-party platforms (e.g., Google, Meta, Wix, Shopify, hosting providers, or domain registrar networks).

 

6. Website Hosting, Platforms & CMS Limitations

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• For websites developed on third-party platforms (including Wix, Wix Studio, Shopify, or external WordPress hosts), Client acknowledges that software updates, server outages, platform API deprecations, or core framework changes remain under the control of the respective hosting/platform provider.

• Once a website project is deployed, approved, and transferred to the Client, ongoing maintenance, security updates, and plugin compatibility require an active maintenance retainer or separate maintenance engagement.

 

7. Term and Termination

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• Retainer Services: Ongoing marketing retainers (SEO, PPC, Social Media) may be terminated by either party according to the notice period specified in the SOW (typically requiring a 30-day written notice).

• Project Termination: If Client cancels a fixed-price project prior to completion, Karben shall be compensated for all hours completed and non-recoverable expenses incurred up to the date of cancellation; initial project deposits are non-refundable.

• Campaign Wind-Down: Upon termination of paid advertising retainers, Karben will pause active campaigns and relinquish administrative management access to Client-owned accounts, provided all account fees have been satisfied.

 

8. Disclaimer of Warranties

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EXCEPT AS EXPRESSLY SET FORTH IN A SIGNED CONTRACT, OUR SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

KARBEN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT SITE OPERATIONS WILL BE UNINTERRUPTED, BUG-FREE, OR ENTIRELY SECURE.

 

9. Limitation of Liability

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KARBEN STUDIOS LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, SERVICES, OR THESE TERMS.

UNDER NO CIRCUMSTANCES SHALL KARBEN’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO ANY PROJECT OR CLAIM EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO KARBEN UNDER THE SPECIFIC STATEMENT OF WORK GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT.

 

10. Indemnification

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Client agrees to defend, indemnify, and hold harmless Karben Studios LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or resulting from:

• Client-supplied content or materials infringing upon intellectual property or privacy rights;

• Any regulatory claims regarding products or services marketed or sold by Client;

• Client’s breach of these Terms or applicable laws.

 

11. Governing Law & Dispute Resolution

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• Governing Law: These Terms and any dispute arising from them or our Services shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

• Jurisdiction & Venue: Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the state or federal courts located in DuPage County or Cook County, Illinois, and each party irrevocably submits to the jurisdiction of such courts.

 

12. Changes to These Terms

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Karben Marketing reserves the right to modify or revise these Terms at any time.

When updates are published, we will revise the “Last Updated” date at the top of this document. Continued use of our Site or Services after any modifications signifies your acceptance of the updated Terms.

 

13. Contact Information

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If you have questions or concerns regarding these Terms of Service, please reach out to us:

Karben Studios LLC (d/b/a Karben Marketing)

• Phone: (630) 614-1110

• Email: kyle@karbenmarketing.com

• Address: 1515 Legacy Cir #3G, Naperville, IL 60563

 

Privacy Policy

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Effective Date: September 26, 2026

Last Updated: September 26, 2026

Karben Studios LLC, doing business as Karben Marketing (“Karben,” “we,” “us,” or “our”), respects your privacy and is committed to protecting your personal information.

This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website at https://karbenmarketing.com/ (the “Site”), engage with our digital marketing, web development, and design services, or communicate with us directly.

Please read this Privacy Policy carefully. By accessing or using our Site and services, you acknowledge that you have read, understood, and agree to be bound by the terms outlined below.

 

1. Information We Collect

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We collect information in several ways, depending on how you interact with our Site and services.

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A. Information You Voluntarily Provide to Us

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• Contact Information: Name, email address, phone number, physical mailing address, and business or company name.

• Inquiry & Project Details: Information submitted through our free quote forms, contact forms, appointment booking systems, or direct email correspondence (such as project specifications, design preferences, budget parameters, and business URLs).

• Billing & Payment Details: If you engage our services as a client, we may collect billing addresses, tax identification, and payment processing details. Financial transactions are processed through third-party gateways; we do not store full payment card numbers on our servers.

 

B. Information Collected Automatically

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When you navigate our Site, our servers and third-party analytics providers automatically log standard technical data, including:

• Device & Log Data: Your Internet Protocol (IP) address, browser type and version, operating system, device identifiers, referring URLs, pages viewed, time spent on pages, and navigation patterns.

• Cookies and Tracking Technologies: We utilize cookies, web beacons, pixels, and scripts to understand visitor engagement, retain user preferences, and support our targeted advertising campaigns.

 

C. Information from Third Parties

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• We may receive business contact details or market intelligence from commercial data providers, public business registries, social media networks (e.g., LinkedIn, Meta), or client referrals to facilitate business-to-business communications.

 

2. How We Use Your Information

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We process personal information for legitimate business purposes, including to:

• Provide and Deliver Services: Review project inquiries, prepare proposals, deliver web design, SEO, graphic design, and paid advertising campaigns, and administer client accounts.

• Communicate with You: Respond to inquiries, send administrative updates, schedule consultations, and deliver customer support.

• Marketing & Advertising: Deliver newsletters, promotional announcements, case studies, and remarketing or retargeting advertisements across search engines and social platforms.

• Site Improvement & Analytics: Analyze user traffic patterns, test design improvements, troubleshoot technical issues, and measure the effectiveness of our content.

• Compliance & Legal Obligations: Enforce our contractual terms, protect against fraud or malicious activity, and comply with applicable local, state, and federal laws.

 

3. Disclosure of Your Information

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We do not sell, rent, or trade your personal information to third parties. We may disclose your data only in the following circumstances:

• Service Providers and Contractors: We share information with trusted third-party vendors who provide services on our behalf, including website hosting (e.g., Wix, cloud hosts), customer relationship management (CRM) software, analytics tools, email delivery providers, and payment processors.

• Advertising & Marketing Partners: We integrate tracking tags and pixels (such as Google Ads, Meta Pixel) that may compile anonymized or pseudonymous browsing data to assist in retargeting and campaign measurement.

• Business Transfers: In the event of a merger, acquisition, reorganization, asset sale, or bankruptcy involving Karben Studios LLC, your personal information may be transferred as a business asset.

• Legal and Regulatory Compliance: We may disclose your information if required to do so by law, subpoena, court order, or in good-faith belief that such action is necessary to protect the rights, property, or safety of Karben Marketing, our clients, or the general public.

 

4. Cookies and Tracking Technologies

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You can manage your cookie preferences at any time through your browser settings:

• Essential Cookies: Necessary for basic website security and navigation.

• Performance & Analytics Cookies: Help us monitor visitor traffic, identify popular content, and measure site speeds.

• Targeting & Marketing Cookies: Track your browsing across sites to serve advertisements relevant to your business interests.

Most web browsers accept cookies automatically by default, but you can usually modify your settings to decline cookies. Disabling cookies may affect the layout and functionality of certain features on the Site.

 

5. Third-Party Links & Integrations

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Our Site may contain links to external third-party websites, social media channels, or partner tools (e.g., Shopify, Wix).

We do not control and are not responsible for the privacy practices, content, or policies of third-party platforms. We encourage you to review their individual privacy policies before submitting personal information.

 

6. Data Security and Retention

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• Security Safeguards: We implement industry-standard administrative, technical, and physical security measures (including SSL encryption and secure server environments) to protect your personal information against unauthorized access, destruction, loss, or alteration.

• Data Retention: We retain personal information for as long as necessary to fulfill the purposes for which it was gathered, maintain ongoing business relationships, satisfy legal and reporting requirements, and resolve disputes.

 

7. Your Rights and Choices

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Depending on your jurisdiction, you may have specific rights regarding your personal information:

• Access and Correction: You may request access to, or correction of, personal data we hold about you.

• Deletion: You may request that we delete your personal information, subject to certain legal exceptions (such as maintaining billing records for tax compliance).

• Opt-Out of Marketing: You can unsubscribe from marketing emails at any time by clicking the “Unsubscribe” link at the footer of our emails or contacting us directly.

• Do Not Track Signals: Some web browsers transmit “Do-Not-Track” (DNT) signals. Because there is currently no universal industry standard for DNT interpretation, our Site does not alter its practices upon receiving these signals.

• California Privacy Rights (CCPA / CPRA): California residents have specific rights regarding access to, deletion of, and correction of their personal data, as well as the right to opt out of the sale or sharing of personal data. We do not sell personal data for monetary consideration.

 

8. Children’s Privacy

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Our Site and commercial services are strictly intended for general commercial audiences and are not directed to individuals under the age of 16.

We do not knowingly collect personal identifiable information from children. If we discover that a minor under 16 has submitted personal information without verifiable parental consent, we will promptly delete that data.

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9. Changes to This Privacy Policy

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Karben Marketing reserves the right to amend or update this Privacy Policy at our discretion.

Any revisions will be posted on this page with an updated “Last Updated” date at the top. We encourage you to review this policy periodically to stay informed of our data protection practices.

 

10. Contact Us

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If you have questions, comments, or requests regarding this Privacy Policy or our privacy practices, please contact us:

Karben Studios LLC (d/b/a Karben Marketing)

• Phone: (630) 614-1110

• Email: kyle@karbenmarketing.com

• Address: 1515 Legacy Cir #3G, Naperville, IL 60563