Terms of Service

Company Identity and Services Description

Kingmakeer is the consulting brand of Bonso Ecom LLC, a single-member limited liability company fully owned by Joaquín Salvador Mateu Cardona, organized and existing under the New Mexico Limited Liability Company Act (NMSA 1978, §§ 53-19-1 to 53-19-74). Bonso Ecom LLC's primary declared business activity is the provision of digital marketing consulting services to e-commerce businesses.

Through the Kingmakeer brand, Bonso Ecom LLC provides the following business-to-business (B2B) professional consulting services:

• Performance Media Buying: Strategic planning, setup, management, and optimization of paid advertising campaigns across Meta Ads (Facebook/Instagram), Google Ads (Search, Shopping, YouTube), and TikTok Ads
• Conversion Rate Optimization (CRO): Analysis and improvement of landing pages, checkout flows, product pages, and on-site user experience to maximize conversion rates and return on ad spend
• Creative Strategy: Development of ad creative briefs, UGC (user-generated content) scripts, direct-response copywriting, and visual asset guidance
• Analytics & Tracking: Server-side pixel implementation, Google Analytics 4 setup and configuration, attribution modeling, and custom performance reporting
• Email & SMS Marketing: Klaviyo flow architecture, audience segmentation, campaign management, and lifecycle marketing programs
• International Market Expansion: Market research, creative localization, cross-border logistics consulting, regulatory compliance guidance, and full paid media setup for new markets
• Growth Strategy Audits: One-time comprehensive audits of advertising accounts, website funnels, tracking infrastructure, and competitive landscape with actionable recommendations

The specific scope of services for each client engagement is defined in a Statement of Work (SOW) or service agreement executed between the parties. These Terms govern all engagements in the absence of, or in addition to, any such specific agreement.

Eligibility and Client Representations

By engaging Kingmakeer's services, you represent and warrant that:

• You are a legally constituted business entity or a sole proprietor operating a legitimate commercial enterprise
• You are at least 18 years of age and have full legal authority to enter into binding agreements on behalf of your business
• You are authorized to grant Kingmakeer access to the advertising platforms, analytics accounts, and other tools required for service delivery
• Your business and all products or services you sell are legal in the jurisdictions where you operate and where you advertise
• The information you provide to us, including business financials and performance data, is accurate and not misleading
• You will not use Kingmakeer's services to engage in any fraudulent, deceptive, or unlawful activities

Bonso Ecom LLC reserves the right to decline or terminate any engagement if a prospective or existing client does not meet these eligibility requirements or is found to have misrepresented any of the above.

Engagement Terms and Statement of Work

Each client engagement begins with a mutual agreement on scope, deliverables, timelines, and fees, documented in a Statement of Work (SOW) or consulting agreement. The SOW specifies the services to be performed, the applicable fee structure, the engagement start date, and any specific terms unique to the engagement.

Kingmakeer offers two primary engagement structures:

• Project-Based Engagements: One-time deliverables such as Growth Audits, account setups, or market entry reports. These are completed within the agreed timeline and compensated with a one-time fixed fee
• Retainer Engagements (Growth Partner): Ongoing monthly consulting relationships with a defined scope of services, compensated by a monthly retainer fee, with a minimum initial commitment of three (3) consecutive months

Any changes to the agreed scope of services must be documented in a written amendment to the SOW, agreed upon by both parties prior to the additional work commencing.

Fees, Payment, and Invoicing

4.1 Fee Structure

All fees are denominated in United States Dollars (USD) unless otherwise specified in writing. Fees are set forth in the applicable Statement of Work and are exclusive of any applicable taxes, which shall be the Client's responsibility.

4.2 Invoicing and Payment Terms

Bonso Ecom LLC issues invoices under the Kingmakeer brand via email to the billing contact designated by the Client. Payment is due within fourteen (14) calendar days of the invoice date unless otherwise agreed in writing. For retainer engagements, invoices are issued on the first business day of each billing month, payable in advance.

4.3 Late Payment

Invoices not paid within the agreed payment window will accrue a late fee of 1.5% per month (or the maximum permitted by New Mexico law, if lower) on the outstanding balance. Bonso Ecom LLC reserves the right to suspend services on any account with an outstanding balance exceeding 30 days past due, without liability for any resulting interruption in campaign performance.

4.4 Refunds

Due to the professional nature of consulting services, all fees paid are non-refundable except where Kingmakeer has materially failed to deliver the agreed scope of services as defined in the applicable SOW, or as required by applicable law.

Client Responsibilities

The Client agrees to fulfill the following obligations throughout the engagement:

• Provide timely access to all advertising accounts, analytics platforms, e-commerce tools, and other resources necessary for Kingmakeer to perform its services
• Ensure that all content, products, offers, and business practices comply with applicable laws and the policies of all advertising platforms (Meta, Google, TikTok, etc.)
• Respond to information requests, creative feedback rounds, and approval requests within a reasonable timeframe (typically 3 business days) to avoid delays in service delivery
• Designate a primary point of contact with authority to approve strategies, creatives, and budget decisions
• Maintain adequate advertising budgets as agreed in the SOW; Kingmakeer is not responsible for performance shortfalls resulting from budget reductions made unilaterally by the Client
• Promptly notify Kingmakeer of any material changes to the business, product offering, pricing, or market position that may affect the consulting strategy

Confidentiality

Both parties agree to maintain strict confidentiality with respect to all non-public information disclosed during the course of the engagement ("Confidential Information"). Confidential Information includes, without limitation, business financials, advertising account data, strategies, creative materials, client lists, pricing, technology, and any other information marked as confidential or reasonably understood to be confidential given its nature.

Neither party shall disclose Confidential Information to any third party without the other party's prior written consent, except as required by law or to fulfill the engagement (e.g., disclosing performance data to a platform representative to resolve a technical issue). This confidentiality obligation survives the termination of the engagement for a period of three (3) years.

Kingmakeer may reference the Client's name and business category (e.g., "DTC Skincare brand, UK") in anonymized case studies and marketing materials unless the Client expressly opts out of such references in writing.

Intellectual Property

Upon full payment of all applicable fees, the Client owns all final deliverables specifically created for their engagement, including ad creatives, copywriting, and custom reports, to the extent they incorporate Client's pre-existing proprietary materials or are specifically created for Client.

Bonso Ecom LLC retains ownership of all proprietary methodologies, frameworks, templates, internal tools, processes, know-how, and general strategies developed or used in connection with the engagement. No engagement grants the Client a license to use Kingmakeer's proprietary systems, frameworks, or intellectual property beyond what is strictly necessary to benefit from the delivered services.

The Kingmakeer brand name, logo, and website are the intellectual property of Bonso Ecom LLC. Nothing in these Terms grants the Client any right to use the Kingmakeer or Bonso Ecom LLC name, trademark, or branding for any purpose without express written permission.

Disclaimers — No Guarantee of Results

Kingmakeer's services are provided on an "as-is" and "as-available" basis. While we apply professional expertise, industry-standard methodologies, and best practices, we expressly disclaim any warranty — express or implied — including any implied warranty of fitness for a particular purpose or merchantability. Advertising platform algorithms, market conditions, seasonality, competitor actions, and business-specific factors outside our control may materially affect campaign performance.

Bonso Ecom LLC does not guarantee any specific level of advertising performance, lead volume, revenue growth, or return on investment. Our commitment is to apply our best professional efforts, expertise, and diligence on your behalf.

Limitation of Liability

To the maximum extent permitted by applicable law, Bonso Ecom LLC's total aggregate liability arising out of or related to any engagement or these Terms shall not exceed the total fees paid by the Client to Bonso Ecom LLC in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall Bonso Ecom LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or the cost of substitute services — even if Bonso Ecom LLC has been advised of the possibility of such damages. This limitation applies regardless of the form of action (contract, tort, strict liability, or otherwise).

Some jurisdictions do not allow the exclusion of consequential damages; in such cases, our liability is limited to the fullest extent permitted by applicable law.

Indemnification

The Client agrees to indemnify, defend, and hold harmless Bonso Ecom LLC, its owner Joaquín Salvador Mateu Cardona, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client's breach of these Terms or any SOW; (b) the Client's products, services, or business practices; (c) the Client's violation of any third-party right, including intellectual property or privacy rights; (d) the Client's violation of any advertising platform policies; or (e) any false or misleading information provided by the Client to Bonso Ecom LLC.

Term and Termination

11.1 Retainer Engagements

After the initial minimum commitment period (3 months), either party may terminate a retainer engagement by providing thirty (30) days' written notice to the other party. The Client remains responsible for all fees due through the end of the notice period, including the current billing month. Termination does not entitle the Client to a refund of any prepaid fees.

11.2 Immediate Termination for Cause

Bonso Ecom LLC reserves the right to terminate any engagement immediately and without notice if the Client: fails to pay any invoice within 30 days of its due date; breaches any material term of these Terms or a SOW and fails to cure such breach within 7 days of written notice; engages in fraudulent, illegal, or unethical business practices; or takes any action that exposes Bonso Ecom LLC to legal or reputational risk.

11.3 Effect of Termination

Upon termination, Bonso Ecom LLC will cease all work, provide the Client with any completed deliverables, revoke all access to the Client's accounts, and issue a final invoice for any outstanding fees. Provisions of these Terms that by their nature should survive termination (Confidentiality, Intellectual Property, Limitation of Liability, Governing Law) shall survive.

Governing Law

These Terms and all engagements between Bonso Ecom LLC and its clients are governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of law principles. The parties consent to the exclusive jurisdiction of the federal and state courts located in Bernalillo County, New Mexico, for any matters not subject to arbitration as set forth herein.

Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, any SOW, or the breach thereof, that cannot be resolved through good-faith negotiation within thirty (30) days of written notice, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration shall take place in Bernalillo County, New Mexico, USA, or by videoconference. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs unless the arbitrator determines otherwise.

Class Action Waiver: Both parties waive any right to participate in a class action lawsuit or class-wide arbitration. All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

Modifications to These Terms

Bonso Ecom LLC reserves the right to update or modify these Terms at any time. Material changes will be communicated to active clients via email at least fourteen (14) days prior to the effective date of such changes. The updated Terms will be posted on kingmakeer.com with a revised "Last updated" date. Continued use of our services after the effective date of changes constitutes acceptance of the updated Terms.

If you do not agree with any modifications, you must notify us in writing before the effective date, and the parties will discuss whether to continue the engagement under the prior terms or proceed to termination in accordance with Section 11.

Miscellaneous

Entire Agreement: These Terms, together with any applicable Statement of Work, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior communications, representations, and agreements, whether oral or written.

Severability: If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: No waiver by Bonso Ecom LLC of any breach of these Terms shall constitute a waiver of any subsequent breach. Failure to enforce any provision of these Terms does not waive our right to enforce it in the future.

Assignment: The Client may not assign their rights or obligations under these Terms without prior written consent from Bonso Ecom LLC. Bonso Ecom LLC may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

Force Majeure: Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including acts of God, government actions, platform outages, or internet infrastructure failures.