Kristian Price Design Terms

Copyright

All Easy Marketing content, including logos and templates are the sole property of Kristian Price Design and may not be used, duplicated, or modified without written permission.

Logo Usage (on Flyers, Aerials, Etc.)

In accordance with copyright and trademark restrictions, we can not use third-party logos on any materials including flyers, aerials, photos, websites, etc. without written permission from the copyright holder. Retail property aerials can be labeled in a consistent manner to illustrate business locations, but will not include third-party retailer logos without written permission.

Reservation of Rights

The Designer transfers to the client exclusive rights of usage for the specific uses outlined on this website. Usage beyond those granted to the Client herein shall require payment of a mutually agreed-upon additional fee subject to all terms. Any transfer of rights is conditional upon receipt of full payment.

Client agrees to hold confidential all preliminary concepts, ideas or designs presented by the Designer and agrees not to manufacture, sell, deal in, or otherwise use or appropriate the disclosed information in any way, including, but not limited to adaptation, imitation, redesign, or modification. All concepts and any preliminary materials not selected by the Client remain the full property of Designer. Designer retains the rights to display the final product in portfolio and advertising materials.
Revisions

Revisions

Revisions to original artwork and designs may be made only by the Designer. The Client shall be responsible for making additional payments for changes requested by the Client in original assignment. However, no additional payment shall be made for changes required to conform to the original assignment description. Additional fees will be charged for revisions made after final acceptance, for revisions reflecting a new direction to the assignment, or new conceptual input.

Payment

Online payments are payable through paypal. Invoices are payable upon receipt. A 1 ½% monthly service charge is payable on all overdue balances. The grant of any license is conditioned on receipt of full payment. Pricing is subject to change without notice.

Pricing included in Easy Marketing is offered at a discounted rate and can not be combined with any other offers or discounts. Easy Marketing pricing list is subject to change without notice. Pricing adjustments may be made over time. Please refer to website pricing for up-to-date pricing.

Hourly Work (for Select Clients)

Hourly work is recorded in 15 minute increments and will be invoiced on a weekly basis.

Turnaround Times / Rush Projects

Typical project time estimates (i.e. initial designs for brochures, postcards, websites, advertisements, logos, etc.) require approximately 5-7 business days turnaround. I make every effort to complete your projects in a timely manner and according to your requirements, however, depending on your project needs, rush fees may be incurred if a reasonable amount of time is not allowed for job completion. If you need faster turnaround on one of these services or similar, a 25% rush fee will be added to the total project cost for business day rush, 50% for weekend or holiday rush. Please note that if vendor services (i.e. print, etc.) are required, rush fees may be incurred separately through vendors.

Orders

Order placement is complete upon payment receipt. Turnaround times are estimates only and do not include weekends or holidays. There is a current limit of six online orders per week per customer. If you require a higher volume, please contact us directly so that we may make arrangements to accommodate your needs.

Estimates / Project Overview

Project estimates/overviews will be provided on any specific project requests. The fees and expenses shown are minimum estimates only. Final fees and expenses shall be shown when invoice is rendered. The Client’s approval shall be obtained for any increases in fees or expenses that exceed the original estimate by 10% or more.

Design modifications or website functionality requested outside of the original project overview will incur additional fees.

Expenses / Vendor Fees

The Client shall reimburse the Designer for all additional expenses arising from any assignment not outlined in the original project (i.e. additional stock photography, printing, etc.). A 10% service fee will be included for vendor services requiring credit card payment. Incurred project expenses (vendor fees, etc.) will require payment prior to related item procurement.

Approvals

Client approval (by form, email, or verbally) is required prior to print or acceptance of final work. Designer makes every effort to ensure that typographical errors are not present, however client is responsible for final review and shall not hold designer liable for typographical errors subsequent to final approval.

Cancellation

In the event of cancellation of this assignment, ownership of all rights and original design shall be retained by the Designer, and all original art and designs must be returned to the Designer. A cancellation fee for work completed, based on the contract price and expenses already incurred, shall be paid by the Client. Cancellation fees up to 100% of accepted estimate cost including additional expenses may be incurred.
Ownership and Return of Artwork

On-Site Consultation or Training

Available on a per project basis and restricted to ten mile radius. On site work requested outside of that area or for extended periods of time will incur additional fees including travel time and costs.

Ownership and Return of Artwork

The Designer retains ownership of all original artwork and digital illustrations, whether preliminary or final, and the Client shall return such artwork within 30 days of use unless alternative agreement is reached. Original or raw design files are NOT provided or available. Requests for original files will be reviewed on a case-by-case basis. Said files will be subject to additional fees up to 200% of original design fee.

Art/Graphic Usage

Client agrees to terms of use for graphic and/or photographic content. Graphics, stock images and Maps can not be used outside of the scope of the project and are not licensed for use in any other capacity or for reprints exceeding 500,000 copies. Graphics and Maps must not be extracted from completed files for use in any additional materials or saved on a shared drive separate from final design product. If extended reproduction license or extended multi-seat licenses are required, they may be purchased for an additional cost.

Client Supplied Photos

Kristian Price Design is not responsible for the quality of client supplied photos. We recommend that you provide us with high resolution images for your projects. If print is requested and supplied materials are not of print resolution, you will be notified. We will only print these images upon client request and approval.

Copyright/Releases

Client verifies that all content supplied (photos, site plans, floor plans, aerials, text, etc.) is free from copyright restriction. Kristian Price Design is not responsible for copyright issues regarding client submitted content. Kristian Price Design will not knowingly use any materials subject to copyright without copyright owner’s approval (i.e. company logos, aerials, photos, etc.).

The Client shall indemnify the Designer against all claims and expenses, including reasonable attorney’s fees, due to uses for which no release was requested in writing or for uses that exceed authority granted by a release.

Modifications to Agreement

Modification of the Agreement must be written, except that the invoice may include, and the Client shall pay, fees or expenses that were orally authorized in order to progress promptly with the work.

Limitation of Responsibility

Accuracy of client content and statements are the sole responsibility of client. Designer not responsible and shall not be held liable for verification or accuracy of client-supplied content or statements.

Designer not responsible for any website changes or modifications made to the website by client or any third party entity. Any website issues arising from modifications made to the website or website content by client or third party will be the sole responsibility of client. Any website repairs required due to said issues are not the responsibility of the designer and any repairs made by designer will incur additional fees to be determined upon inspection of issues.

Ongoing website maintenance or technical support after final delivery can be provided through maintenance packages offered. If no website maintenance package is purchased, this service will not be provided and will be the responsibility of client.

Limitation of Liability

Client agrees that it shall not hold the Designer or his/her agents or employees liable for any incidental or consequential damages that arise from the Designer’s failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of the designer or a third party.

Dispute Resolution

Any disputes in excess of $5,000 arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the Designer.

Acceptance of Terms

Client signature on an estimate/confirmation form, approval via email, online purchase, or remittance to retainer invoice shall be evidence of acceptance of these terms.

 

 

Website Design / Platform

Website design projects are accepted based on designer availability and limited to small- to mid-sized websites only. Advanced programming or coding is not provided.

Client websites are professionally designed using a professional, modular WordPress theme to suit Client’s needs and industry based on Client input and requirements.

Websites are developed using the WordPress platform. WordPress is open source software. Designer is not responsible for the platform development for its core files, any bugs, security flaws or compatibility issues arising with it or its future releases.

Client Content Management

Client will have access to make minor text modifications to website via the content management system. If Client has WordPress experience and desires administrative access and control of the website, it will be provided. Please note that designer is not responsible for any website modifications made by Client or client agent.

Project Scope

Project inclusions will be included in the project scope. Any work required outside of the project scope or beyond allotted revision or item inclusion will be subject to additional costs.

Website Modifications

Requested Design modifications, website functionality or integrations requested outside of the original project scope will incur additional fees.

Designer not responsible for any website changes or modifications made to the website by Client or client agent. Any website issues arising from modifications made to the website or website content by client or third party will be the sole responsibility of client. Any website repairs required due to said issues are not the responsibility of the designer and any repairs made by designer will incur additional fees to be determined upon inspection of issues.

Search Engine Optimization

Foundational on-site search engine optimization provided only. No keyword research, copywriting, off site techniques included. If search engine optimization services are needed, a third party provider should be retained.

Website Maintenance

All websites need ongoing maintenance. Maintenance packages are available and are strongly recommended for all website clients. This includes updating to new WordPress versions, plugins and themes, troubleshooting any issues that may arise, and backing up your website on a monthly or bi-monthly basis.

Updates and maintenance of the website are provided by contract only. If Client does not purchase ongoing maintenance, these services will not be provided and no support will be provided to maintenance or updates done by Client or providers/individuals working on Client’s behalf.

Security

Please note that Designer cannot be held responsible for any website security breaches or malicious access to website by outside resources.

Websites will be made secure as possible but designer can neither be responsible for nor accountable for website after it has been launched to an online environment. Designer can also not be responsible for providing a backup of your website files should the worst occur. Most web hosting companies can provide a recent website backup for a fee. Third party security monitoring and cleaning options are available and can be purchased to assist with site security needs.

Web Design Cancellations and Penalty Fees

Excessive client delays extending a website project beyond 24 weeks may incur a 10% extended project fee. Projects extended past 32 weeks will be considered on hold and may be taken out of development space and schedule until timeline agreement is reached or cancellation of order is placed.

Cancellation fees may include up to 75% of the full project fee depending on project phase completed. Retainer fees are non-refundable once the design phase has begun.

Existing Website Updates and Maintenance

Updates, modifications or maintenance on your existing website (created by third party) will be billed on an hourly basis is subject to prior review by designer and limited to minor modifications only. No structural, theme, plugin or other modifications that may impact the integrity of the website will be provided.

 

Please note that from time to time we may modify or update these terms without notice.

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