Kat’s Kreations Policies & Terms

policies

 

Disclaimer: this price guide is for general purposes only and does not take into account the variables of your individual project. Please read our terms and conditions before commencing any project with Kat’s Kreations™. 

Note: Kat’s Kreations™ does not give quotes or take information verbally – in person or over the phone. All quote requests and are to be done via online such as email or contact forms.

Prices are in US dollars.

While Kat’s Kreations™ has endeavoured to ensure these prices are accurate at the time of publishing – as of November 27, 2014, prices may be subject to change without notice due to external factors. Some pricing may vary on your quote due to additional requirements of the brief.

Please, please, please read our Policy & Terms before commencing any project with Kat’s Kreations™.

 

SUBMIT A REQUEST FOR GRAPHIC DESIGN

  1. Please provide as much information as you have, so we can quote accurately.
  2. Don’t expect us to read your mind…every business is unique and has unique needs.
  3. All information is confidential from the start.
  4. Please provide information such as artwork specification, colors and fonts.

 

Below are the Kat’s Kreations™ standard terms and conditions for all projects.

If you do not agree with them, we prefer not to work with you as we believe these to be fair, equitable and reasonable for both sides of contractual obligations. If you have exceptions you wish to discuss, please do so at the beginning of the project otherwise your agreement at the commencement of any project constitutes full and total agreement with these terms. Unless otherwise stated these policies form the basis of every/all contract/s between Kat’s Kreations™ and our client/s

It is vital that you (“The User”, “The Client”) take time to read through thoroughly and ensure you fully understand these terms and conditions and their implications before you agree to commence any project with Kat’s Kreations™. Please also note that from time to time Kat’s Kreations™ may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms or conditions in this document.

 PAYMENT TERMS AND CONDITIONS

“The Client” agrees to pay:

  • 50% non-refundable deposit of the quoted amount to commence the design project.
  • 25% is due after 3 rounds of changes/revisions have been complete
  • 25% is due on the day of Delivery

The project deposit is non-refundable, and if a project is cancelled by “the client”, for whatever reason, the deposit will serve as a cancellation fee, along with a prorated payment based upon the time spent if it exceeds 50% of the quoted work.

In the case of a change of mind by “The Client” this deposit is non-refundable. Kat’s Kreations™ endeavours to provide graphic and web design services that meet and exceed a client’s needs and expectations, but in the even of a “change of mind” by “The Client”, the initial 50% deposit is forfeited and acts as a cancellation fee, plus a prorated payment based upon the time spent. The deposit is to ensure Kat’s Kreations™ allocates time in the schedule to create work for “the client”.

All printing accounts must be settled in full prior to the release of the files to the printer and the files will be sent directly to “the client”.

No final artwork or files will be delivered until final invoices are paid in full. 

Delivery consists of the following:

  • supply of final artwork to client via email

Construction files (unused concepts, revision files, fonts, Photoshop layered files, Adobe Illustrator files) remain the property of Kat’s Kreations™.

TERMINATION OF SERVICES DUE TO NON PAYMENT CLAUSE

Kat’s Kreations™ may discontinue services if an amount payable to Kat’s Kreations™ is overdue by more than 7 days. In any such event, “The Client” remains liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. If the invoice remains unpaid, copyright on all work remains with Kat’s Kreations™ .

PROJECT DURATION AND CLIENT RESPONSE TIME

“The client” agrees to provide timely responses to Kat’s Kreations™ after receiving status notifications, work for review or requests for information.

The client shall have 10 days to respond to each draft/request for information submitted. If the client has failed to respond after 10 days, Kat’s Kreations™ will deem the project complete. At such time, Kat’s Kreations™ shall have no further obligation to the client, and the client shall pay Kat’s Kreations™ all fees and expenses associated with the work performed.

Kat’s Kreations™ will use all reasonable efforts to meet quoted completion dates. However, time is not the essence of the Contract and we will not be liable in cases of late reporting, however caused, nor shall lateness be deemed to be a breach of Contract or an act of negligence.

CLIENT PROFESSIONAL COURTESY

Kat’s Kreations™ takes pride in professional courtesy and manners and hope our clients do too. “The Client” agrees to behave through all communications in a professional, courteous and respectful manner towards any and all staff at Kat’s Kreations™. Any actions toward staff or designers at Kat’s Kreations™ deemed by us as disrespectful, unprofessional, abusive, bullying or verbal/written cruelty on the part of “The Client” may result in a cancellation of the project and the deposit will serve as a cancellation fee, along with a prorated payment based upon the time spent if it exceeds 50% of the quoted work.

Actions that may result in cancellation of the project may include: insulting language, profanity, unwarranted criticism of the designer’s general ability, disrespectful comments, personal insults, swearing, flaming on social media sites, personal insults, threats not to pay for the work for unwarranted reasons, bullying behaviour toward junior staff and general lack of respect.

FORCE MAJEURE

Kat’s Kreations™ shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control o fKat’s Kreations™ including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

FEES FOR SERVICE

It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement which is known as the quote form submission and or the brief form submission. Wherever possible the client will be notified of increases in the scope of the project. “The client: agrees to pay additional fees for work requested beyond the scope of the brief submission and or the quote submission. Kat’s Kreations™ will endeavour to inform you of this increase, but be aware that this may not always be possible and so it will appear on your final bill if you do request additional work.

EXCESS WORK

This is defined as any work involving additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”.

Changes to any Supplies completed (Author’s corrections) or part completed requested by the client or any other part beyond our control, will be charged to the Client on a time basis at of $10 per hour.

Should additional design not initially quoted for be requested during the design process, a progress payment will be payable prior to further work being carried out. Otherwise, all additional costs will be added to the final invoice, payable prior to delivery of design files.

Publication and/or release of work performed on behalf of the client by “Kat’s Kreations™” may not take place before cleared funds have been received.

In the case of time billed work, we keep very accurate logs of time on projects and these are provided in the client invoice.

LIABILITY & LITIGATION

It is agreed that all work and materials provided for “The Client” by Kat’s Kreations™ without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

It is agreed that “Kat’s Kreations™” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify“The Client” in writing of full details of any such claim.

Under no circumstances shall Kat’s Kreations be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the Supplies prepared by Kat’s Kreationsincluding (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, et.. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

Indemnity: “The client” agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including lawyers’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.

APPROVAL OF FINAL ARTWORK

While Kat’s Kreationsn™ takes all care to avoid errors, we accept no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. “The Client” to proof read and approve all final copy before the production of artwork. The email verification of the Client’s Representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.

PRINT RETURNS AND REFUNDS

It is agreed that the Kat’s Kreations™ is not responsible or held liable for any errors contained in the final product after the final product has been approved by the client, (approval may be given either verbally or in writing), committed to print or posted in view of the public. Blossom will not be help responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify Kat’s Kreations™ of any such errors during the revision cycle and before the final files have been generated.

COPYRIGHT & GRANTING OF RIGHTS

In accordance with US Copyright Laws the production of any original design work automatically deems Kat’s Kreations™ the author and therefore the owner of such work. Ownership pertains to all original electronic files only. “The Client” is entitled to use the design work for the purposes for which it was created. Any other usage not discussed will need to be negotiated. If original electronic files are required by the Company it must be negotiated with Kat’s Kreations™ and will incur additional fees.

IMPORTANT NOTE: Rights to use the any artwork created by Kat’s Kreations™ are granted only upon receipt of package payment in full, provided that payment in full is made within 5 working days of completion date. If final payment is made after 5 working days of completion, your invoice and contract with KK is null and void and rights will not be granted without re-evaluation by the KK and determined in writing. All payments made to KK are non-refundable.

Kat’s Kreations™ retains full ownership of design concepts and materials it produces in the course of a project. Once a final concept is delivered to a client and full payment for the entire package, unless otherwise states, is received, the final files will be transferred to the client and they will retain usage and ownership for purposes outlined in the project invoice. Upon full payment, the client shall be granted ownership/usage of the final artwork as specified in the original quote/invoice. If an invoice is outstanding for more that 60 days Kat’s Kreations™ will place the item for sale on an image library or our website to recovered outstanding costs.

Unused concepts remain the property of Miss Blossom Design™. Miss Blossom Design™ may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Miss Blossom Design™ retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.

This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Kat’s Kreations™ retains ownership of all artwork and website architecture. Kat’s Kreations™ reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non exclusive items.

Kat’s Kreations™ reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.

Other than for the promotional use of Kat’s Kreations™ all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Kat’s Kreations™ shall be outlined in the Project Proposal. For additional usage, price will be assessed as needed.

GOODWILL

This proposal assumes goodwill from both Kat’s Kreations™ and “The Client” regarding:

  • What can reasonably be achieved in a given time frame
  • Making best use of resources to achieve the most effective outcomes

WEBSITE DESIGN CREDIT

“The Client” agrees to allow “Kat’s Kreations™” to place a small credit on printed material exhibition displays, advertisements and/or a Kat’s Kreations™’s own website on the customer’s website. This will be in the form of a small logo or line of text placed towards the bottom of the page.

“The Client” also agrees to allow “Kat’s Kreations™” to place websites and other designs, along with a link to the client’s site on “Kat’s Kreations™’s” own website for self promotional purposes.


 

TERMINATION POLICY

From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Kat’s Kreations™. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more that 50% completed (this is determined by Kat’s Kreations™ and the client by negotiation) a prorata payment is payable for time spent up until cancellation notice, at an hourly rate of $10 per hour.

If a project is cancelled by Kat’s Kreations™, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.

In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Kat’s Kreations™. We reserve the right to sell artwork to cover costs.


 

CONFIDENTIALITY

It is agreed that employees of “Kat’s Kreations™” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.


LATE PAYMENTS & DEFAULT

Any account outstanding for more than sixty (60) days Client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.

An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client”has stated expressly that they do not intend to pay an invoice by “Kat’s Kreations™”, unless prior arrangements have been made. “Kat’s Kreations™” shall at it’s sole discretion suspend any and all services provided to the client by “Kat’s Kreations™” or it’s subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.

Suspension of such services does not relieve the client of it’s obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.

Any account not paid within the time specified on the invoice will be liable for interest at the rate of 16% per annum and such interest will be added to the account (capitalised) at the end of each month and form part of the principal debt.

Any account outstanding for more than sixty (60) days Client(s) are liable to meet in full the seller’s debt recovery, legal costs and/or commissions and internal accounting charges (recovery fees), travel, travel expenses, and such recovery fees will be added to the buyers account and form part of the principal debt.

“Kat’s Kreations™” retains all copyright for work performed until full project costs have been paid. “Kat’s Kreations™” reserves the right to reuse or resell work undertaken in the case of payment default.

“Kat’s Kreations™” accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.


AMENDMENTS TO THESE TERMS AND CONDITIONS

All and any amendments to the terms and conditions outlined in this submission must be provided in writing by“The Client”and signed by an authorised representative of “Kat’s Kreations™” prior to the commencement of work outlined in this submission.


 

DISCLAIMER

Graphic design, strategy, photography and marketing are all highly creative and subjective art forms. As such Miss Blossom Design™ take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however the Miss Blossom Design™ cannot be held responsible for variations between expectation and outcome.

All information contained in this website is intended for general information purposes only. The information is provided by Miss Blossom Design™. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. Miss Blossom Design™ will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. Miss Blossom Design™ has no control over websites that are linked to on this website. Those third party websites are under the control of their owners, and Miss Blossom Design™ will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.

THANK YOU FOR TAKING THE TIME TO READ, UNDERSTAND AND DETERMINE YOUR AGREEMENT TO THIS DOCUMENT.

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