TERMS AND CONDITIONS
1. ACCEPTANCE of TERMS & AGREEMENTS.
In furtherance to the above, CLIENT hereby agrees to and does hereby engage the services of DESIGNER, and DESIGNER hereby accepts the engagement to design and to do the work hereinafter specified by the CLIENT in connection with the project. A copy of these terms and conditions must be signed at the time of submission of work to the DESIGNER, indicating agreement to and acceptance of these terms and conditions.
2. DESCRIPTION OF SERVICES.
DESIGNER will provide to CLIENT a description of all graphic design services of this contract agreement.
The terms of service shall be valid for a period of thirty (30) days after presentation to the CLIENT and must be paid in full before project starts. In the event this Agreement is not executed by the CLIENT within the time identified, the DESIGNER reserves the right to alter the proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution.
All Graphic Design Services require FULL ADVANCE PAYMENT before the design project and turnaround time begins.
4. CUSTOMER REVIEW.
DESIGNER will provide the CLIENT with an opportunity to review the appearance and content of the Logo and Web work upon completion. 2 revisions are given free of charge, after 2nd revision, fees will occur.
The DESIGNER shall incur no liability for any omissions or errors in spelling, punctuation, dates, & information on the layout not corrected and communicated by the CLIENT in the proofs submitted for Customer Review.
5. TURNAROUND TIME AND CONTENT CONTROL.
The DESIGNER shall use all reasonable endeavors to deliver the work to the CLIENT within 14 business days and shall notify the Client of any anticipated delay at the first opportunity. The DESIGNER will not be liable for delays caused by matters outside of the DESIGNERS control. Any times or dates quoted for the supply of the work are dependent upon the CLIENT giving reasonable instructions to the DESIGNER. The turnaround time for all Graphic Design Services, begins when FULL ADVANCE PAYMENT has been made, design form is completed and all content (i.e., images, pictures, bio, information, links, etc.) for the design project has been supplied by the CLIENT.
If content is not provided within 30 days from the original email request, and without communication from CLIENT the DESIGNER reserves the right to terminate the Agreement/project.
A restart project fee of $100 will incur for inconvenience due to designers workload. This is non negotiable.
In the event CLIENT fails to make any of the payments by the deadline DESIGNER has the option to treat as a material breach of Agreement and has the right, but is not obligated, to pursue any or all of the following remedies:
Terminate the Agreement,
B. Withhold all files, artwork, source, commitments or any other service to be performed by
DESIGNER for CLIENT,
C. Seek legal action.
Upon completion of the project, the designer will deliver only one design in the format of PDF, jpg or png. If changes are needed, you are allowed to make (2) revisions free of charge after which there is an added fee of $15-$50 per revision. NO REFUNDS BY ANY MEANS are issued after labor has been placed into any project. To be eligible for a full refund the client must request a cancellation of their order within 24 hours after purchasing. Kayla Marie Design Studio is NOT responsible if the client decides not to read our terms & conditions.
8. COPYRIGHT AND INTELLECTUAL PROPERTY.
The CLIENT retains the copyright to data, files and graphics provided by the DESIGNER and grants the DESIGNER the rights to publish and use such material for her own (portfolio)
DESIGNER retains the right to any logo drafts or branding the CLIENT does not choose. CLIENT may not reproduce or otherwise use design mock-ups, drafts, sketches etc. created by DESIGNER during work on the Project that was not included into the final version of the Project. Such artwork belongs solely to DESIGNER who may use it at her own discretion.
Kayla Marie Design Studio and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Kayla Marie Design Studio, or divulge, disclose, or communicate in any manner, any information that is proprietary to the CLIENT. Kayla Marie Design Studio and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.
Upon termination of this Contract, DESIGNER will return to CLIENT all records, notes, documentation and other items that were used, created, or controlled by DESIGNER during the term of this Contract.
10. STANDARD MEDIA DELIVERY.
The DESIGNER will deliver to the CLIENT, via electronic mail (or a downloadable hyperlink), within 10 days after CLIENT’S approval of final design(s). Digital files containing the final design(s) will be sent to the CLIENT in the following format(s): .pdf, .jpg, .png.
11. DESIGN CREDIT.
A link to the DESIGNER will appear in either small type or by a small graphic at the bottom of the CLIENT’S Web site. If a graphic is used, it will be designed to fit in with the overall layout of design.