TERMS AND CONDITIONS
Thank you for choosing Kgrafix Creative Design! We look forward to working on your project, but first we need you to read the following policies and procedures and sign off.
Commencement of work
Agreement to work with, and submission of a design brief and payment of deposit to KGRAFIX constitutes agreement to these terms and conditions.
Deposits and Payments
“The Client” agrees to pay a 50% deposit of the quoted amount to begin any design project, with the balance payable prior to delivery. A deposit invoice is emailed to you at the start of the project.
Once research, and deposits are allocated, or design work has begun on a project, this deposit is non-refundable.
All other invoices are net 15 days, unless an agreement has been made to collect full payment up front.
Cancellations
You can make a cancellation at any time. Please keep in mind that any payment made may not be refundable, depending on how much work was done on the project. If a project is canceled and the number of hours spent does not equal the deposit paid, a credit will be applied to your account for a future graphic design project.
Incomplete Projects
Any project that remains in proofing or is put on hold while we wait for content or approval for more than 30 days will be put on hold and will be billed for any time spent up to that point. When the client is prepared to restart the project, time will be billed per hour from then until completion. You will not have any rights to use any of the work that was presented to you, unless the project has been paid in full.
Revisions
Minor revisions can be made after I provide the initial mockups. If many revisions are required, an additional fee may apply. You will be notified if this applies.
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. Where ever possible the client will be notified of increases in the scope of the project. “The Client” receives all finished files as PDFs. All source files remain the ownership of KGRAFIX, unless an agreement is made up front. There is a fee of $50 to obtain source files.
Liability
Kgrafix is not liable for the legality of content provided by customers. We create custom graphic design projects based on the information provided by clients. By submitting your content to us for design you are confirming that you are the legal owner of the provided content (text, images, drawings, ideas, etc.).
Furthermore, Kgrafix is not liable for any designs that are not legally approved (Copyright, Trademark, FDA, Department of Agriculture, etc). The submission of approval for all designs is the responsibility of the client.
Approval of Final Artwork
While Kgrafix Creative Design takes all care to avoid errors, Kgrafix Creative Design accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility 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 Kgrafix Creative Design 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 in writing), committed to print or posted in view of the public. KGRAFIX will not be held responsible for and changes or amendment made after approval. It is the sole responsibility of the client to notify KGRAFIX of any such errors during the revision cycle and before the final files have been generated.
In the event of a need to reprint due to errors in content, the client must inform Kgrafix Creative Design within 3 days of product acceptance and must return the product (at the cost of the client) within 10 days of acceptance for assessment.
As with all print projects, payment for re-printed project MUST be prepaid.
A 50% deposit will be collect for all promotional items and print orders over $1,000. All print orders are non-refundable.
Shipping and Delivery
Kgrafix is not responsible for items shipped and not received by the customer. Please verify the shipping address before the order is placed. Orders will not be replaced or refunded if products are not received and we have a proof of delivery.
Print – Color Variations
With all printing there may be some color variations from what you have seen on screen to what the final product looks like and previous orders. This is due to the nature of CMYK printing and bulk-run printing systems. There will be no reprints at the expense of Kgrafix Creative Design.
Copyright
Kgrafix Creative Design retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Kgrafix Creative Design. KGRAFIX may still use paid-for concepts in its promotional materials and in its design portfolio.
Until final payment Kgrafix Creative Design retains ownership of all artwork and website architecture. Kgrafix Creative Design reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, color palettes and other nonexclusive items.
Graphic designs created at our studio are custom-created and exclusive to each business, so the designs are yours after final payment has been made. Note that I reserve the right to use stock images where necessary. Any concepts that are not chosen and paid for will be a violation of Kgrafix’ rights if they are used elsewhere.
In accordance with the United States Copyright Act, ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Kgrafix Creative Design till such time an agreement is in place. As part of Kgrafix Creative Design terms of business, the copyright license is automatically released to the client on receipt of final payment for the commissioned work. Kgrafix Creative Design reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Kgrafix Creative Design in print or digital media portfolios, social media and blogs, except where the client has specifically requested in writing otherwise.
Resending Uploading Files
If a client loses or accidentally deletes the files delivered by KGRAFIX at the completion of the project, KGRAFIX will reupload the files at the customer’s request. Providing the request from the “Client” has been made within 2 years from the date of completion. The client will be charged for any additional alterations made to the originals files before uploading.
Confidentiality
It is agreed that “Kgrafix Creative Design” shall not at any time either during the continuance of the work outlined or thereafter, 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”.
kimjones@k-grafix.com
