©2019 by Kiel Kreatives

Terms & Conditions

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Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Kylie Gillum of Kiel Kreatives (hitherto named as Kiel Kreatives) and in the event of any dispute is governed by California law.

All work is carried out by Kiel Kreatives on the understanding that the client has agreed to the terms and conditions.

Copyright is retained by Kiel Kreatives on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of designs is presented and one is chosen for your project, only that solution is deemed to be given by us as fulfilling the contract. All other designs remain the property of Kiel Kreatives, unless specifically agreed in writing.

Project Acceptance: At the time of proposal, Kiel Kreatives will provide the client with a written estimate or quotation by email. These Terms and Conditions can be read at any time on the Kiel Kreatives website.

A copy of the written estimate or quotation is to be signed and dated by the client to indicate acceptance and should be returned to Kiel Kreatives.

Alternatively, the client may send an official purchase order in reply to the estimate or quotation which binds the client to accept our terms and conditions, or an email acknowledging acceptance of the quotation.

For the avoidance of doubt, Kiel Kreatives’s Terms & Conditions are what govern the job, not any conditions on the client’s purchase order.

Design Charges: Charges for design services to be provided by Kiel Kreatives will be set out in the written estimate or quotation that is provided to the client. At the time of the client’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of the quoted fee will become immediately due. The remainder of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials.

Charges for Other Services: Charges for any additional services requested during the project that are over and above the estimated time or out of scope, and any ongoing services will be invoiced regularly.

Alterations: The client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.

The client also agrees that Kiel Kreatives holds no responsibility for any amendments made by any third party, before or after a design is published.

Payment: If the payment from the client is more than 15 days after the invoice due date, Kiel Kreatives may impose a late fee of $50.00. If payment from the client is more than 30 days after the invoice due date, Kiel Kreatives may assess interest equal to one percent of the unpaid balance for each month, or a portion of the month the balance is unpaid. Interest accrues retroactively from the due date. If the client has not paid an invoice for more than 90 days, the company may refer collection of the unpaid amount to an attorney or collections agency. If the client’s unpaid invoices are referred to an attorney or collections agency, the client shall pay all reasonable attorney’s fees or collections agency fees in addition to the late fee and accrued interest.

Payments may be made by online transfer free, credit card (Visa, Mastercard) or debit card (fee 2.4% per payment)

Payments made by check must be previously agreed and may be subject to an administration charge. Check should not be sent in regular mail unless sent recorded delivery.

Publication and/or release of work done by Kiel Kreatives on behalf of the client, may not take place before cleared funds have been received.

Returned check will incur an additional fee of $50 per returned check. Kiel Kreatives reserves the right to consider an account to be in default in the event of a returned check.

Default: An account shall be considered in default if it remains unpaid for 30 days from the date of invoice, or following a returned check. Kiel Kreatives shall be entitled to remove Kiel Kreatives’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the client of its obligation to pay the due amount.

Clients whose accounts become default agree to pay all Kiel Kreatives’s reasonable legal and accounting expenses and third party collection agency fees in the enforcement of the debt and these Terms and Conditions.

Copyrights and Trademarks: By supplying text, images and other data to Kiel Kreatives for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by Kiel Kreatives on behalf of the client, will remain the property of Kiel Kreatives and/or its suppliers unless otherwise agreed in writing. A license for use of the copyright material is granted to the client solely for the project defined in the scope or request and not for any other purpose.

The client may request in writing from Kiel Kreatives, the necessary permission to use materials (for which Kiel Kreatives holds the copyright) in forms other than for which it was originally supplied, and Kiel Kreatives may, at its discretion, grant this and may charge for the additional usage. Such permission must be obtained in writing before any of the aforesaid artwork, images, text, or other data is used.

Any software, code, plugin or other third party material used in a web or digital project remains the property of the creator and any ongoing license fees or fees for upgrades are the responsibility of the client, not Kiel Kreatives.

By supplying images, text, or any other data to Kiel Kreatives, the client grants Kiel Kreatives permission to use this material freely in the pursuit of the design.

Should Kiel Kreatives, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Kiel Kreatives to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold Kiel Kreatives free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.

Licensing: Any design, copywriting, drawing, idea or code created for the client by Kiel Kreatives, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Kiel Kreatives and any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

Kiel Kreatives will not be held responsible for any and all damages resulting from such claims.

Kiel Kreatives is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Kiel Kreatives responsible for any such loss or damage.

Any claim against Kiel Kreatives shall be limited to the relevant fee(s) paid by the client.

Data Formats: The client agrees to Kiel Kreatives’s definition of acceptable means of supplying data to the company.

Text is to be supplied to Kiel Kreatives in electronic format as standard text (.txt), MS Word (.docx)  or via e-mail / FTP or shared folder.

Images which are supplied in an electronic format are to be provided in a format as prescribed by Kiel Kreatives via e-mail / FTP. Images must be of a quality suitable for use without any subsequent image processing, and Kiel Kreatives will not be held responsible for any image quality which the client later deems to be unacceptable.

Kiel Kreatives cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials.

Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, color correction and alteration of images

Design Project Duration: Any indication given by Kiel Kreatives of a design project’s duration is to be considered by the client to be an estimation. Kiel Kreatives cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Kiel Kreatives for the initial payment or by date confirmed in writing by Kiel Kreatives.

Rights of Access for Website Construction: The client agrees to allow Kiel Kreatives all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.

The client also agrees to allow Kiel Kreatives access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The client agrees to supply Kiel Kreatives with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Design Project Completion: Kiel Kreatives considers the design project complete upon receipt of the client’s signed Approval form or signoff email. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.

Website Design Only: Kiel Kreatives requires that a template is approved by the client before building of a site commences. Once the template(s) for the website are approved by the client, build will commence; any changes to navigation items, colors, structure or content that require changes to the template will incur an additional charge.

Once website design is complete, Kiel Kreatives will provide the client with the opportunity to review the resulting work. Kiel Kreatives will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, color schemes or any navigation features. Any minor changes can be notified to Kiel Kreatives by e-mail.

Kiel Kreatives will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.

Social Media and Content Management Services: Kiel Kreatives has no control over the policies of Facebook, Instagram, Twitter, YouTube, LinkedIn and all other social media channels being utilized for campaigns. Kiel Kreatives has no say with respect to the type of content that social media channels accept now or in the future.

By signing these terms and conditions you acknowledge that Kiel Kreatives makes no warranty that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.

You guarantee any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Kiel Kreatives for inclusion in any campaigns are owned by you, or that you have received permission from the rightful owner(s) to use each of the elements.

Minimum term of any Social Media and Content Management service is three months or quoted project agreement. Cancellations of any ongoing Social Media Services must be made in writing. If Kiel Kreatives does not receive notification that the campaign should be stopped after the three month period in writing, you agree that Kiel Kreatives will continue working and payments will continue to be made on a monthly basis.

Kiel Kreatives reserves the right to reject or discontinue the social media services where we are unable to provide the services due to technical, ethical, legal, or other matters. Where applicable, Kiel Kreatives will refund your money for any services not yet rendered.

Search Engine Submission: Due to the infinite number of considerations that search engines use when determining a site’s ranking, Kiel Kreatives cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Kiel Kreatives recommend that clients use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.

Design Credits: The client agrees to allow Kiel Kreatives to place a small credit on printed material exhibition displays, advertisements and/or a link to Kiel Kreatives’s own website on the client’s website. This will usually 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 Kiel Kreatives to place websites and other designs, along with a link to the client’s site on Kiel Kreatives’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

Rights of Refusal: Kiel Kreatives will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Kiel Kreatives also reserves the right to refuse to include submitted material without giving reason. In the situation where any images and/or data that Kiel Kreatives does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the client is obliged to allow Kiel Kreatives to remove the contravention without hindrance, or penalty. Kiel Kreatives is to be held in no way responsible for any such data being included.

Cancellation: Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Kiel Kreatives will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Kiel Kreatives within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer: Kiel Kreatives makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Kiel Kreatives will not be held responsible for any and all damages resulting from products and/or services it supplies. Kiel Kreatives is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Kiel Kreatives responsible for any such loss or damage. Any claim against Kiel Kreatives shall be limited to the relevant fee(s) paid by the client.

Kiel Kreatives reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Kiel Kreatives will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Kiel Kreatives and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Kiel Kreatives recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

General: These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Kiel Kreatives reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Terms and Conditions and Quotation: The placement of an order for design and/or any other services offered by Kiel Kreatives, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.

An estimate validated by the client’s signature on the estimate or quotation form, or by email, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Kiel Kreatives.