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 fees associated with the CLIENT’S project. CLIENT is responsible for reading their estimate to ensure everything outlined is correctly. Estimates are valid for 30 days from date listed. CLIENT will be notified of any price changes once the estimate has expired.
The CLIENTS 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 related projects (See Production Schedule clause). 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 CLIENTS requests throughout the entire project. All subsequent balances are due based on the final invoice and are payable upon final approval. No files, login information, 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 Business Check. This discounted does not apply to payments by ATM/Credit Cards. We accept all major credit cards.
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. CLIENTS have 7 days from the date you receive your order to bring any issues to our attention. CLIENTS must provide KDM with either a photo or by bringing the item(s) in question into our office. All reprints are subject to approval. If 7 days has past since you picked up your order, unfortunately we can't offer you a refund or a reprint.
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. CLIENTS have 7 days from the date you receive your order to bring any issues to our attention. CLIENTS must provide KDM with either a photo or by bringing the item(s) in question into our office. If 7 days has past since you picked up your order, unfortunately we can't offer you a refund or a reprint.
THIRD PARTY VENDORS KDM works with several local VENDORS by referral for different services that we do not offer in house. CLIENTS agree to the VENDORS Terms & Conditions policy when an order is placed, a copy will be provided by request. We take no responsibility for the work and you must deal directly with the VENDOR.
WEBSITE DESIGN All of our website packages include 2 rounds of revisions. Any further revisions will incur our hourly rate until the website is launched. CLIENT understands their Website will be hosted on 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. KDM is not responsible for changes and/or issues to design software, hosting or any 3rd party plug-ins.
While spoilage is insignificant, CLIENTS will not be charged for the misprinted or damaged garment, if the number of defective items is less than 3% of the order, it will not be replaced. We allow for a 3% spoilage rate. For example, if you order 100 shirts and 3 or less are misprinted, then those shirts will be deducted from your invoice, but will not be reprinted. 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 item(s) at their own cost.
KDM 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.
Should the CLIENT abandon their project after 30 days from payment, the apparel
items will be shipped back to the warehouse. No refunds will be issued.
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.
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 CLIENTS 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. Should the client abandon their project after 30 days, no refunds will be issued or credited.
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.