All Easy Marketing content, including logos and templates are the sole property of Kristian Price Design (KPD) 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
KPD 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 KPD 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 KPD. KPD retains the rights to display the final product in portfolio and advertising materials.
Revisions to original artwork and designs may be made only by KPD. 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.
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.
Projects will be considered inactive and placed on hold after 30 days of client unresponsiveness or lack of final project approval and will be billed for work completed and any additional project expenses.
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, when available, is recorded in 15 minute increments, is subject to 15 minute minimums, and is typically invoiced on a monthly or bi-monthly basis.
Turnaround Times / Rush Projects
Turnaround times for projects will vary depending on the type, scale and scope of the project. Lead time is always required for the best results possible. I make every effort to complete projects in a timely manner and according to client and project requirements, however, rush fees may be incurred if a reasonable amount of time is not allowed for job completion. If you need faster turnaround, 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. All work, including the capacity for rush projects, will be subject to scheduling availability.
Order placement through Easy Marketing Pros 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.
In order to provide quality results and develop a value-added client relationship, KPD only works with clients directly. Lack of direct communication between KPD and clients would result in inferior client results, which is outside of the scope of work provided by KPD and is not in the best interests of clients or KPD.
All work requests, reviews, revisions, and communications must be conducted directly with clients and will be dependent upon scheduling availability. Third-party entity requests for client project work, updates, changes, contractual updates, etc., will not be accepted.
KPD does not offer subcontract projects or agency work at this time.
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 KPD 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. Project expenses (vendor fees, etc.) will require payment prior to related item procurement.
Client approval (by form, email, or verbally) is required prior to print or acceptance of final work. KPD makes every effort to ensure that typographical errors are not present, however client is responsible for final review and shall not hold KPD liable for typographical errors subsequent to final approval.
In the event of cancellation of assignment, ownership of all rights and original design shall be retained by KPD, and all original art and designs must be returned to KPD. 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. Any hours accrued (for select clients) will be billed at 100% rate.
On-Site Consultation, Training, Work
On-site consultation, training, work or event management is not available. All meetings, consultations, etc. will be held virtually.
Ownership and Return of Artwork
KPD 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. Any provided files will be subject to additional fees up to 200% of original design fee. KPD not responsible for client ability to manipulate, edit or revise any raw design files.
Client Supplied Photos
Kristian Price Design is not responsible for the quality of client supplied photos. It is recommended that you provide high resolution images for your projects. If print is requested and supplied materials are not of print resolution, you will be notified. KPD will only print these images upon client request and approval.
Client verifies that all content supplied (photos, site plans, floor plans, aerials, text, etc.) is free from copyright restriction. KPD is not responsible for copyright issues regarding client submitted content and 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 KPD 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 Project Scope
Modifications to the Project Scope 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. KPD not responsible and shall not be held liable for verification or accuracy of client-supplied content or statements.
KPD not responsible for any website changes or modifications made to a 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 KPD and any repairs made by KPD 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 KPD or his/her agents or employees liable for any incidental or consequential damages that arise from KPD'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 KPD or a third party.
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 KPD.
Acceptance of Terms
Client signature on an estimate/confirmation form, approval via email, online purchase, verbal approval or remittance to retainer invoice shall be evidence of acceptance of these terms. KPD terms maybe updated or modified from time to time without notice.
It may go without saying, but…
In order for KPD to provide quality results and develop a value-added client relationship, communications and interactions must be conducted in a professional, respectful manner. Any aggressive, offensive, unprofessional, or harmful behavior will impact the quality, timeline and completion of all work deliverables, will be considered a breach of contract, will be subject to suspension of work for situation review, and may result in termination of relationship.
Please note that from time to time we may modify or update these terms without notice.
NOTE: No new website design projects or maintenance plans are available at this time.
Website Design / Platform
Website design projects are accepted based on KPD 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. KPD 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 KPD is not responsible for any website modifications made by Client or client agent.
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.
Requested Design modifications, website functionality or integrations requested outside of the original project scope will incur additional fees.
KPD 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 KPD and any repairs made by KPD 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.
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.
Please note that KPD 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 KPD can neither be responsible for nor accountable for website after it has been launched to an online environment. KPD 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 KPD 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.