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TERMS & CONDITIONS

Agreement between Kreative Concepts dba Kreative Design / Marketing (KDM) and business or

individual (CLIENT) identified on this agreement is subject to the following terms and conditions.

 

 

GENERAL WORKING AGREEMENT This document defines the terms and conditions of our working relationship. All projects or services that KDM may be contracted to produce or provide for CLIENT will be subject to the following:

 

HOURLY RATES Will be billed at $65 per hour with a one (1) Hour minimum, unless otherwise stated on the estimate.

 

ESTIMATE / WORKING Each estimate will outline the initial itemized costs and fees associated with the CLIENT’S project. CLIENT is responsible for reading their estimate to ensure everything outlined is correct. Estimates are valid for 30 days from date listed. CLIENT will be notified of any price changes once the estimate has expired.

 

The CLIENT’S estimate approval (written or oral) and invoice payment will constitute a legal and binding contract with KDM.

 

PAYMENT / WORKING Full payment is due to hold your place in our work queue for design and website projects (See Production Schedule). Invoices for web or graphic design services exceeding $2000.00 may make a 50% down payment, with the balance due at project approval. Any work requested by the CLIENT (written or oral) outside the estimate will be charged at the hourly rate listed above or unless otherwise stated. The final invoice will reflect the actual costs incurred based on CLIENT’S requests throughout the entire project. All subsequent balances are due based on the final invoice and are payable upon final approval. No files, user-names, passwords, social media account access or print orders will be released until all balances are paid in full. We offer a 3.5% (CLFee) discount if CLIENT is paying by cash or check. This discounted does not apply to payments by credit cards.

 

We accept Cash, Business Checks and all major Credit Cards (w/ Fee).

 

LOGO DESIGN Pricing is based on three (3) logo design packages offered. All package revisions are done on one (1) of the selected design samples by the CLIENT. The CLIENT may choose one (1) final design to use from the samples created which is included with the package price. Any work beyond the outlined packages will incur our hourly rate. If the CLIENT would like to purchase the rights to use other designs, they may do so for a $100 fee for each. CLIENT will receive rights to use the final artwork for their business and/or organization, once the design has been purchased. CLIENT will receive digital files of the final art with compatible print and web files (vector, jpg, png). KDM will retain all original and raw files for the CLIENT.

 

PRINTING KDM will place and manage all printing projects on behalf of the CLIENT. All printing and promotional merchandise orders must be paid in full prior to the order being placed. Once items have been ordered, no refunds will be issued.

 

SIGNS / BANNERS Depending on the size of your sign or banner, you may receive your order that is slightly shorter in length. Unfortunately, we can not guarantee exact dimensions due to the nature of large format printing process, where print heating / drying and media roll advancement may be factors in the result of your final sign print size.

 

VEHICLE SIGNAGE KDM works with a local vendor for full and partial wraps and vehicle signage. CLIENTS will agree to the vendors Terms and Conditions policy when an order is placed, a copy will be provided.

 

WEBSITE DESIGN All of our website packages include 2 rounds or revisions. Any further revisions will incur our hourly rate until the website is launched. CLIENT understands their Website will be hosted on a secure network (99.9% uptime). The annual hosting fee includes lifetime support which includes troubleshooting, monitoring your hosting and content management software updates. KDM does not support or troubleshoot 3rd party software. You must contact them directly.

 

  • Time-line Websites should be completed within 3 months or less from the date KDM begins working on it (See Production Schedule). This time-line also factors in the amount of time the CLIENT takes to provide KDM with the content, images and directives. The unpaid balance will be due at final approval or at the 3 month mark, whether the website is complete or not.

 

  • Website Editing Once final payment has been received and the website is launched, we will issue you a user name and password to access the online editing software. If there are tasks that you are unable to do via the editing software, such as minor text changes, individual page layout adjustments or adding another photo to a page, we will take care of it for you free of charge or until the feature is available. Any major changes to the master template or where design work needs to be done will be billed at our current hourly rate.

 

  • Host Your Own Website (3rd Party) If you prefer to host the website on your own servers, we will provide you with all the necessary website files so that you can upload it (we do not offer this service). You can continue to use the web based content management software or subscribe to the Adobe Muse Software to make edits to the master template. Lifetime Support, troubleshooting, monitoring and editing assistance are not available with this option.

 

  • Past Due Hosting Payments If payment has not been received for services related to a CLIENT’S Website for more than 10 days, your website will be taken down and public access will be suspended until the balance has been paid in full.

 

  • Hosting Cancellation CLIENT’S who choose to cancel their hosting will no longer have access to their website publicly. Should the CLIENT want to reinstate the website there will be a fee of $300.

 

APPAREL PRINTING

 

  • Turn-Around Time Turnaround time for apparel printing is 7-15 working days (extended turnarounds during high seasons) based on final art approval and apparel arrival from vendor. Turnaround is figured on business days and the current workload. Weekends, holidays and transit time are not included. Orders requiring less than 5 days are considered a rush and a rush fee will apply. If you have a specific in hands date, be sure to notify us up front so we can check our schedule.

 

  • Artwork CLIENT’S that provided their own artwork in a format other than Vector Art will take full responsibility for the outcome and quality of the imprint. No refunds will be given once the apparel has been printed.

 

  • Art Approval | Order Proofing All artwork is to be approved through a digital proof sent via email. Artwork must be checked for spelling, color, sizes ordered, size and placement of the art and accuracy of artwork by the CLIENT. It is very important to look over every detail of the proof, as this is how your order will print. KDM will not accept responsibility for corrections not implemented and/or requested after artwork is approved. Any modifications requested after customer approval will result in production delays and could require additional expenses. Any delays in the approval process longer than 24 hours after receipt of the proof could result in production delays.

 

  • Heat Transfers Due to the nature of this application we cannot guarantee placement consistency. This application comes with specific wash instructions. If these instructions are not followed, we are not responsible for any damage that may be caused to the shirt or imprint.

 

  • Vendor Apparel KDM is not responsible for manufacturer defects such as size and color inconsistencies, stitching errors, mislabeled garments, loose/inconsistent stitching, and/or garment defects (holes in garments, ripped seams, etc.). We try our hardest to inspect the garments as we print them, but we cannot guarantee each garment. We are not the manufacturers of these garments, so we cannot ensure their construction. We highly recommend ordering 5% extra of each size if an exact count is important. Some manufacturers over-dye their garments. Over-dying is the process of re-dying a garment after its initial manufacturing period. This is done for any number of reasons, including color correction, clearing out of colors that didn't sell, etc. Because of this factor, KDM cannot guarantee exact color consistency on coloring with the screen printing process as imprinted colors can change tone once printed onto an apparel item.

 

  • Apparel Selection KDM will not be responsible for your satisfaction with the garments printed on or the printed artwork. We are always available to ensure you pick a garment that matches your needs, but we also need you to do your due diligence on the garment choice and size selection. If you're unsure of what apparel to select, we can order blank samples for you. The samples will be billed at a per piece rate and shipped without printing.

 

  • Out of Stock Items KDM is not responsible for items that are out of stock. While we check items we know to have potential stock issues, all garments are ordered after your order is placed, and we cannot guarantee their availability. If items are out of stock, we will provide you with a list of possible replacements and get it approved by you before using your chosen item.

 

  • Production KDM checks every garment that we produce, but there are times where some mistakes will make it out the door. It is your responsibility as the CLIENT to check over garments after you receive them. We allow an industry standard 72 hour window from the time you receive the goods to notify us of any issues with the order. KDM will not be responsible for errors with your order if notified after 72 hours of receiving your order. KDM also will not be responsible for any lost income, customers, accounts, and/or contracts if defective garments are sent out to your final customer. While KDM does quality checks on the garments, the final quality assurance check lies in the hands of the CLIENT.

 

  • Spoilage / Defects While KDM's normal spoilage is insignificant, KDM will not be responsible for under-runs, spoilage or re-prints up to 3%. We will refund the cost of the total number of pieces that were price for any spoilage to a single piece or 3% of the quantity ordered. We do our best to align your artwork to the apparel item, but there are times that the application carrier, apparel item or screen may shift. Please keep this in mind when ordering (it is never a bad idea to order extras). Should the CLIENT provide their own apparel, KDM is not responsible for any spoilage and the client will have to replace the apparel items at their own cost.

 

  • Payment  Apparel printing orders must be paid in full prior to order being processed. There are no refunds once the materials and apparel have been ordered. Should the client need their items sooner, rush fees will be applied as follows: Rush Charges (5 Day) 25% of Total, (3 Day) 50% of Total, (1 Day) 100% of Total. This is based on our current workload.

 

Should the CLIENT abandon their project after 30 days, the apparel

items will be shipped back to the warehouse. No refunds will be issued.

 

GENERAL TERMS

 

OUT-OF-POCKET EXPENSES Fees for professional services do not include outside purchases such as, but not limited to, set-up fees, server fees, domain names, printing, photography, color printouts, laminating, illustrations, separations, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to California sales tax unless you are a nonprofit organization. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.

 

REVISIONS AND ALTERATIONS Most design projects come with revision packages. Anything beyond that package will be charged at our hourly rate. New work, pages and/or services requested by CLIENT and performed by KDM after an estimate has been approved is considered a revision or alteration. All new work will be added to the final invoice based on the hourly rate. Author’s alterations and other copy changes requested after layouts or mechanicals are completed are billed at standard hourly rates listed above.

 

OVERTIME Estimates are based on a reasonable time schedule and may be revised to take into consideration your "Priority Scheduling" requests requiring overtime and weekends. Knowledge of your deadlines is essential to provide an accurate estimate. Rush Charges (5 Day) 25% of Total, Rush Charges (3 Day) 50% of Total, Rush Charges (1 Day) 100% of Total. In addition, outside suppliers such as service bureaus charge a 100% to 200% markup on overtime after 5:30pm and weekends.

 

NATURE OF COPY CLIENT agrees to exercise due diligence in its direction to us regarding preparation of materials and must be able to substantiate all claims and representations. CLIENT is responsible for all trademark, service mark, royalty free art licensing, copyright and patent infringement clearances. CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

 

ERRORS AND OMISSIONS It is the CLIENT’S responsibility to check proofs carefully for accuracy in all respects, ranging from spelling to technical illustrations. KDM is not liable for any errors or omissions once the CLIENT has given written approval. Your written approval (email) is required on all artwork proofs prior to release for printing or other implementation.

 

OVER AND UNDER RUNS CLIENT will accept over runs or under runs that do not exceed 10% of the quantity ordered on all jobs. KDM will bill for actual quantity delivered within this tolerance. If the CLIENT requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

 

PROPERTY AND SUPPLIER’S PERFORMANCE KDM will take all reasonable precautions to safeguard the property you entrust to us. In the absence of negligence on our part, however, we are not responsible for loss, destruction or damage or unauthorized use by others of such property. We will use our best efforts to ensure quality and timely delivery of all printed (offset, silk-screened, embossed or otherwise reproduced) pieces. Although we may use our best efforts to guard against any loss to you through the failure of our vendors, media, or others to perform in accordance with their commitments, KDM is not responsible for failure on their part. If you select your own vendors, other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in any way be held responsible for quality, price, performance or delivery.

 

RIGHTS OF OWNERSHIP Once the CLIENTS balance has been paid in full. KDM will deliver all associated project files to an Online shared folder to the CLIENT. At that time, the CLIENT may use or reproduce the art provided at their discretion.

 

MARKETING We reserve the right to photograph and/or distribute or publish for our firms promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for our portfolio, firm news letter, brochures, slide presentations and similar media. We agree to store files for a period of 6 months beyond the delivery of a job, this does not include logos. Thereupon, we reserve the right to discard them.

 

LATE / NON-PAYMENTS Past due payments are subject to a monthly service fee equal to $50 or 10% of the outstanding balance, whichever is greater and any collection fees incurred by KDM. We reserve the right to refuse completion or delivery of work until past due balances are paid. A $30 fee will be issued for all bounced checks.

 

TERM AND TERMINATION The terms of this agreement will continue until terminated with thirty (30) days written notice by the CLIENT. If the CLIENT directs KDM at any time to cancel, terminate or "put on hold" we will promptly do so, provided you hold us harmless for any cost incurred as a result. Payments are still due based on the contractual agreement for any project "put on hold". CLIENT will indemnify and hold KDM harmless for any loss or expense (including attorney fees), and agree to defend KDM in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to assertions made against CLIENT and any of its products and services arising from the publication of materials that we prepare and you approve before publication.

 

Upon early termination of this agreement, all payments and/or deposits are non-refundable. Should the client cancel or terminate this agreement after the project is complete, the CLIENT is responsible for paying the balance in full and will be subject to late fee’s. Should the CLIENT fail to make payment after a final payment demand letter has been sent, their balance will be charged to the credit card on file or the account will be sent to collections. The CLIENT will be responsible for any and all fees associated with collecting the balance. All materials, property belonging to the CLIENT, Social Media accounts, as well as work performed, may be retained or disabled as security.

 

PRODUCTION SCHEDULES CLIENT understands KDM works on a first come, first served basis. Once we receive payment, KDM will add the CLIENT to our work queue and provide an estimated start date at that time. We will contact the CLIENT via email when their project is next in our work queue. However long the CLIENT takes to provide KDM with requested information or to get approval will then determine your place in our current work queue. KDM will continue to work on other CLIENT projects in the interim.

 

Production schedules will be established and adhered to by both CLIENT and the KDM, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the CLIENT or KDM. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly.

 

ATTORNEY'S FEES If any party named herein brings an action to enforce the terms hereof or to declare rights hereunder, the prevailing party in any such action, on trial and appeal, shall be entitled to his reasonable attorney’s fees to be paid by the losing party as fixed by the Court.

 

Mediation. In the event of any dispute, claim, or disagreement arising from or relating to this agreement, the parties shall endeavor to settle the matter; however, should informal discussions not be successful, the parties agree to try to settle the dispute by mediation, using the services of David Abeshouse or, if such service is not available, another mediator mutually acceptable to the members. Except when injunctive relief may be necessary to prevent irreparable harm or to preserve the status quo, no litigation (or arbitration) shall be initiated until after the expiration of thirty days following the delivery of a written request for mediation by one party to the other(s).

 

ADDITIONAL PROVISIONS The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of California applicable to agreements entered into and performed in the State of California. 9. Any disputes hereunder will be heard in the appropriate state courts located in the County of Sacramento, CA. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain attorneys to collect our invoices, we will be entitled to collect attorney’s fees, court costs, and interest at the maximum rate permitted by law.

 

Contract terms and rates are subject to change.

 

Terms & Conditions

Copyrite 2017  Kreative Design / Marketing

(916) 226-5282  |  9089 Elk Grove Blvd, Suite 203, Elk Grove, CA 95624