1. Introduction
Welcome to Kerr Media Group (“we,” “our,” “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, marketing services, software, and SMS communications. By accessing or using our website or services, you agree to be bound by these Terms.
If you do not agree with these Terms, please do not use our website or services.
2. Services Overview
Kerr Media Group provides digital marketing services including website design, reputation management, Google Business optimization, SMS and email marketing, and lead generation services for local businesses.
3. Use of Our Website and Services
- You agree to use our website and services only for lawful purposes and in accordance with these Terms.
- You must not attempt to disrupt, interfere with, or gain unauthorized access to our systems or data.
- All content on our website is protected by copyright and may not be copied or reproduced without permission.
4. Account and Client Responsibilities
- Clients are responsible for providing accurate information and for maintaining the confidentiality of any login credentials associated with our services.
- Clients agree to comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and A2P 10DLC regulations when using our messaging or marketing tools.
- You agree not to use our services to send unsolicited, fraudulent, or prohibited content (including SHAFT content — Sex, Hate, Alcohol, Firearms, Tobacco).
5. SMS/MMS Messaging & A2P 10DLC Compliance
Kerr Media Group complies with A2P 10DLC (Application-to-Person) messaging regulations established by U.S. mobile carriers and the CTIA. All texting programs operated by us or on behalf of our clients follow strict opt-in and content guidelines.
SMS Consent Requirements
- By providing your mobile phone number, you consent to receive SMS or MMS messages from Kerr Media Group related to your inquiry, account, or promotional updates.
- Message frequency may vary based on engagement or campaign activity.
- Standard message and data rates may apply according to your mobile carrier.
- You can opt out at any time by replying STOP to any message. You may also reply HELP for assistance.
- We maintain complete records of consent, opt-outs, and messaging activity to ensure compliance with A2P 10DLC standards and carrier requirements.
Unauthorized or abusive messaging activity is strictly prohibited and may result in termination of service.
6. Third-Party Services
Our website or services may contain links to third-party websites or tools. We are not responsible for the content, policies, or practices of any third-party services. Your use of such third-party platforms is at your own risk and subject to their own terms.
7. Payments and Refund Policy
- All service fees and subscription payments are due as specified in your agreement or invoice.
- Payments are non-refundable once services have been rendered or campaigns have launched, except where otherwise stated in writing.
- Failure to pay on time may result in suspension or termination of services.
8. Disclaimer of Warranties
All services and materials are provided “as is” and “as available.” Kerr Media Group makes no warranties or representations, express or implied, about the accuracy, reliability, or results of our services.
9. Limitation of Liability
To the maximum extent permitted by law, Kerr Media Group shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of our services or website. Our total liability for any claim shall not exceed the total amount paid by you for services within the previous 12 months.
10. Indemnification
You agree to indemnify and hold harmless Kerr Media Group, its officers, employees, and agents from and against any claims, damages, liabilities, and expenses arising from your use of our website or services, or your violation of these Terms.
11. Termination
We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. Any legal action or proceeding shall be brought exclusively in the courts located in Burlington County, New Jersey.
13. Changes to These Terms
We may update these Terms periodically. Any changes will be posted with a new “Last Updated” date. Continued use of our website or services after such changes constitutes acceptance of the updated Terms.
14. Contact Us
If you have any questions regarding these Terms or our compliance policies, please contact us at:
Kerr Media Group
Marlton, NJ
Email: peter@kerrmediagroup.com